Thursday, April 07, 2016
Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 8 NFP memorandum decision(s))
For publication opinions today (2):
In Community Health Network v. Pamela D. Bails , an 8-page opinion, Judge Bailey writes:
Community appeals the trial court’s denial of its motion to correct error. * * *In Victor J. DiMaggio III v. Elias Rosario; Elias Rosario v. Victor J. DiMiaggio III , a 22-page opinion, Sr. Judge Darden writes:
While Community did not appear for trial or replead in compliance with the trial court’s order, the parties’ mutual decision to enter into an agreed judgment precluded appellate review—let alone the dismissal of the underlying case and a judgment against Community requiring its return of monies garnished in satisfaction of the judgment.
Based upon this, we conclude that the trial court erred when it dismissed Community’s case, vacated the agreed judgment, and ordered damages in favor of Bails. We accordingly reverse the judgment of the trial court, with instructions to reinstate the agreed judgment, vacate the judgment against Community, and proceed with this case in a manner not inconsistent with our decision today.
Victor J. DiMaggio appeals from the trial court’s order granting summary judgment in favor of Elias Rosario on DiMaggio’s complaint alleging breach of an oral contract; breach of fiduciary duty; and, usurpation of corporate opportunity. Rosario cross-appeals, contending, in the alternative, that the trial court erred by denying his first motion for summary judgment based on the statute of limitation. We affirm.NFP civil decisions today (5):
NFP criminal decisions today (3):
Posted by Marcia Oddi on April 7, 2016 11:24 AM
Posted to Ind. App.Ct. Decisions