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Monday, September 14, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 1 NFP memorandum decisions)

For publication opinions today (2):

In Bryan E. Mitten v. Cynthia L. Mitten, a 25-page opinion, Judge Kirsch writes:

Bryan E. Mitten (“Father”) appeals the trial court’s decree of dissolution (“Decree”) that dissolved his marriage to Cynthia L. Mitten (“Mother”), raising five issues that we consolidate and restate as:
I. Whether the trial court’s determination of Father’s child support obligation was an abuse of discretion; and
II. Whether the trial court abused its discretion in its division of the parties’ debts.
We affirm.
In Thomas A. Ambrose II v. Dalton Construction, Inc., a 15-page opinion, Judge Robb writes:
Dalton Construction, Inc., filed a complaint against Thomas A. Ambrose II, individually and as trustee of the Ambrose Family Trust (collectively, “Ambrose”), after disputes arose concerning the construction of a pool on property owned by Ambrose. Ambrose raises several issues on appeal, which we consolidate and restate as: 1) whether the trial court properly denied him summary judgment because a genuine issue of material fact existed as to whether Dalton Construction breached the contract; and 2) whether the trial court’s findings and conclusions that Ambrose first breached the contract, the contract called for a certain shaped pool, and Dalton Construction was entitled to payment upon Ambrose’s unauthorized occupancy of the pool were clearly erroneous. Dalton Construction cross-appeals for appellate attorney’s fees. Concluding that the trial court properly denied summary judgment and that the trial court’s findings and conclusions are not clearly erroneous, we affirm the trial court’s judgment in favor of Dalton Construction. Also concluding Dalton Construction is statutorily entitled to an award of appellate attorney’s fees, we remand to the trial court for calculation of those fees.
NFP civil decisions today (0):

NFP criminal decisions today (1):

William Hatfield v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 14, 2015 11:16 AM
Posted to Ind. App.Ct. Decisions