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Thursday, July 09, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decisions)

For publication opinions today (1):

In Tom Graziani v. D&R Construction, a 5-page opinion, Judge Brown concludes:

Here, our review of the evidence reveals that, although the trial began at 3:00 p.m. on December 8, 2014, Graziani’s attorney advised Graziani in writing that it was not scheduled to begin until 3:30 p.m. Graziani arrived at the hearing nine minutes after a default judgment was entered against him. He filed a motion to set aside the default judgment that same day.

Based upon these facts, and in light of the material issues of fact accompanying the allegations, the short length of the delay, the lack of prejudice to D&R by the delay, and the defenses raised by Graziani in his motion for relief from judgment, we conclude that Graziani has shown good cause for his failure to attend his 3:00 trial.

Conclusion. For the foregoing reasons, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.

NFP civil decisions today (5):

Donald W. Harshaw v. Elizabeth A. Harshaw (mem. dec.)

In the Matter of T.D., A Child Alleged To Be In Need Of Services, W.D., Father v. The Indiana Department of Child Services (mem. dec.)

David Moss v. Indianapolis Department of Natural Resources (mem. dec.)

Derrick Harris v. State of Indiana, Parole Board (mem. dec.)

Charles Stierwalt v. Travis Barton and City of Linton, Indiana (mem. dec.)

NFP criminal decisions today (3):

Jerry W. Thomas v. State of Indiana (mem. dec.)

Joshua Woodson v. State of Indiana (mem. dec.)

Daniel Smith v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 9, 2015 12:32 PM
Posted to Ind. App.Ct. Decisions