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.NFP civil decisions today (5):
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 criminal decisions today (3):
Posted by Marcia Oddi on July 9, 2015 12:32 PM
Posted to Ind. App.Ct. Decisions