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Monday, January 26, 2015

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (4):

In Curt Pearman d/b/a Greenwood Professional Park v. T. Ryan Jackson and Kristin M. Jackson, a 17-page opinion, Sr. Judge Sharpnack writes:

Issue. Whether the trial court correctly determined that, standing alone, holding over and paying rent did not constitute the exercise of the option to renew the lease, and that the lease requirement of a written notice of renewal was not waived. * * *

The clear and unambiguous terms of the lease agreement support the trial court’s conclusion. Affirmed.

NFP civil opinions today (1):

O'Neal Flat Rolled Metals, Llc. v. Major Tool and Machine, Inc., Tishman Construction Corp., Permasteelisa N.A. Corp., Et. Al. (NFP)

NFP criminal opinions today (2):

Ronnie Lewis v. State of Indiana (NFP)

Ralph Hughett v. State of Indiana (NFP)

ILB NOTE: These opinions are the first in the new format. This morning, NFPs were not listed as such on the opinions page, but were so identified in the rulings themselves. Unfortunately, the opinions include a break at the end of each line (as in the dockets) rather than at the end of each paragraph, imposing extra steps on anyone pasting quotes. Here, for instance, is a quote from today's opinion, without the breaks removed from the end of each line:

If Lessee shall occupy the Premises without or with Lessor’s consent
after the expiration of the term of this lease and rent is accepted from
Lessee such occupancy and payment shall be construed as an
extension of this lease for the term of one month only from the date of
such expiration and occupancy thereafter shall operate to extend this
lease for but one month at a time unless other terms of such extensions
are endorsed hereon in writing and signed by the Parties hereto. If
either Lessor or Lessee desire to terminate said occupancy at the end
of any month after the termination of this lease the Party desiring to
terminate shall give the other Part at [least] thirty (30) days written
notice to that effect. However, the Lessor shall not be required to give
any such notice if Lessee has failed to pay the rent in advance when
due. Failure to give such notice [on] the part of Lessee shall obligate it
to pay rent for an additional calendar month following the month in
which the Lessee vacates the Premises.

Posted by Marcia Oddi on January 26, 2015 10:34 AM
Posted to Ind. App.Ct. Decisions