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Tuesday, June 14, 2016

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

For publication opinions today (1):

In Gregory Schafer v. Kathryne Borchert d/b/a Southlake Realty , a 10-page opinion, Judge Altice writes:

In 1988, Kathryne Borchert d/b/a Southlake Realty (Borchert) purchased three undeveloped real estate lots at a tax sale. She filed the instant action in 1991 to quiet title to the real estate based on the tax sale and the subsequently issued tax deeds. Gregory Schafer answered and filed a counterclaim, in which he sought to set aside the tax deeds. After two unsuccessful motions for summary judgment, one filed by each party in 1992, and a failed mediation in 1994, the case stagnated for over twenty years with Borchert continuing to pay real estate taxes on the subject properties. Following a brief bench trial on June 24, 2015, the trial court entered judgment in favor of Borchert, awarding her fee simple ownership of the properties. In relevant part, the trial court found that although the notice of tax sale was sent one day late, the notice substantially complied with the statutory requirements. On appeal, Schafer argues that the trial court improperly relied upon the substantial compliance doctrine. We affirm. * * *

On May 6, 1993, the case was continued generally. The parties entered into a court-ordered mediation in 1994 that failed. Over the next twenty plus years, a series of pretrial conferences and status hearings were held and/or continued and over twenty bench trials were set and then rescheduled. During this period of stagnation, Borchert passed away in August 2007 and her son Richard Borchert took over as personal representative of her estate. * * *

Properly applying Trial Rule 6(A) to the statute at hand establishes as a matter of law that the notice mailed on September 12, 1988, was timely. Accordingly, it was not necessary for the trial court to reach the issue of substantial compliance in order to grant judgment in favor of Borchert. As his appellate argument – as well as his argument below – hinges on an incorrect application of the law in determining the timeliness of notice, Schafer has failed to establish that Borchert was not entitled to judgment.

NFP civil decisions today (2):

L.G. and D.D. v. The Indiana Department of Child Services (mem. dec.)

Julie D. Himes v. Todd A. Himes (mem. dec.)

NFP criminal decisions today (3):

Miguel I. Sanchez v. State of Indiana (mem. dec.)

Dustin Arbuckle v. State of Indiana (mem. dec.)

Robert D. Gibson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 14, 2016 11:20 AM
Posted to Ind. App.Ct. Decisions