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Wednesday, August 31, 2016

Ind. Decisions - Court of Appeals issues 4 opinion(s) today (and 17 NFP memorandum decision(s))

For publication opinions today (4):

In George P. Broadbent, and Plainfield Village, LP v. Fifth Third Bank, an 18-page opinion, Judge Kirsch writes:

George P. Broadbent (“Broadbent” or “Guarantor”) appeals the trial court’s entry of summary judgment in favor of Fifth Third Bank (“the Bank” or “Lender”). He raises two issues on appeal, which we restate as: I. Whether the trial court erred when it determined that the two payment guaranties that Broadbent signed were not ambiguous; and II. Whether the trial court properly calculated Broadbent’s liability under the guaranties. We affirm.
In Tina Herron v. City of Indianapolis , an 8-page opinion, Judge Pyle writes:
Tina Herron (“Herron”) appeals the trial court’s sanction of a $1,000 fine for her indirect contempt of court in a civil proceeding. She argues on appeal that the trial court abused its discretion in imposing the $1,000 fine because the fine was punitive rather than compensatory or coercive in nature, which is impermissible in a civil contempt proceeding. Because we agree that the trial court’s sanction was impermissibly punitive, we reverse and remand with instructions for the trial court to vacate Herron’s sanction. We reverse and remand with instructions. * * *

Because Herron’s fine was not compensatory or coercive in nature, we conclude that it was solely punitive and was therefore impermissible in a civil proceeding. See id. (“Any type of remedy in a civil contempt proceeding must be coercive or remedial in nature.”). As a result, we reverse the trial court’s denial of Herron’s motion to correct error and remand with instructions for the court to vacate its sanction for Herron’s contempt finding.

In John Prater v. State of Indiana

Howard B. Gutenstein v. State of Indiana

NFP civil decisions today (4):

Pinnacle Properties Development Group, LLC v. Christina Jackson and James Jackson (mem. dec.)

In Re: The Termination of the Parent-Child Relationship of J.B., Jr. (Minor Child); M.D. (Mother) v. Ind. Dept. of Child Services (mem. dec.)

Kelly J. Hudson f/k/a Kelly J. Freidline v. Ted Freidline (mem. dec.)

In re the Marriage of: David A. Anzelmo v. Elizabeth M. Anzelmo (mem. dec.)

NFP criminal decisions today (13):

Shane P. Cooper v. State of Indiana (mem. dec.)

Donte D. Lane v. State of Indiana (mem. dec.)

Erique Raggs v. State of Indiana (mem. dec.)

Jaquecke Hughes v. State of Indiana (mem. dec.)

Beth Ann Bailey v. State of Indiana (mem. dec.)

Matthew Grayson v. State of Indiana (mem. dec.)

Paul R. Nichols v. State of Indiana (mem. dec.)

Jackie Butler v. State of Indiana (mem. dec.)

Mark D. Vaughn v. State of Indiana (mem. dec.)

Martin Pineda Tovar a/k/a Martin Estrada v. State of Indiana (mem. dec.)

Ernest Davis v. State of Indiana (mem. dec.)

Vino Mason v. State of Indiana (mem. dec.)

Hilton Hazelwood v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 31, 2016 11:14 AM
Posted to Ind. App.Ct. Decisions