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Wednesday, February 18, 2015

Ind. Decisions - Court of Appeals issues 1 opinion today (and 5 NFP memorandum decisions)

For publication opinions today (1):

In Richard A. Clem v. Paul J. Watts, a 7-page opinion, Sr. Judge Sharpnack writes:

Attorney Richard Clem appeals the trial court’s denial of his summary judgment motion and the grant of attorney Paul Watts’ summary judgment motion following Watts’ complaint seeking judgment against Clem for attorney fees in a dissolution case.

We reverse and remand with instructions for the trial court to enter summary
judgment in favor of Clem.

The sole issue is one of statutory interpretation and asks us to determine whether pursuant to Indiana Code section 33-43-4-2 (2004) an attorney fee lien is valid if the intention to hold a lien is filed before judgment is rendered in the case. * * *

Pursuant to Indiana Code section 33-43-4-2, an attorney fee lien is not valid if the lien is filed before judgment is entered in the case. The trial court therefore erred in granting Watts’ summary judgment motion and denying Clem’s. We reverse and remand with instructions for the trial court to grant summary judgment in favor of Clem.

NFP civil decisions today (1):

Fuel Fitness Winfield, Inc., and Jared Tomich v. Boro Baloski, Lubinka Baloski, Goran Baloski, Fitness 1, Inc., B&B Regional Development, LLC (mem. dec.)

NFP criminal decisions today (4):

State of Indiana v. Shelby L. Pieper (mem. dec.)

Mark B. Harsley, II v. State of Indiana (mem. dec.)

Ivan Sanchez v. State of Indiana (mem. dec.)

Albert Goering v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 18, 2015 10:47 AM
Posted to Ind. App.Ct. Decisions