« Ind. Law - Even more on "Could Indiana pass forfeiture reform this year?" | Main | Ind. Courts - Supreme Court interviews start a week from Monday ... »

Wednesday, March 08, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (1):

In Magic Circle Corp., D/B/A Dixie Chopper, Arthur Evans, Wesley Evans, and Jeffrey Haltom v. Crowe Horwath, LLP, a 16-page opinion, Judge Bailey writes:

Magic Circle Corporation d/b/a Dixie Chopper (“Magic Circle”) and several of its shareholders filed a multi-count complaint against numerous parties, including Magic Circle’s former auditing firm, Crowe Horwath LLP (“Crowe”). The trial court dismissed several counts, and this Court affirmed that decision on appeal, leaving only two counts against Crowe. Subsequent to the appeal, Crowe filed a motion to dismiss the remaining counts against it, and the trial court granted Crowe’s motion on the grounds that the claims were barred by the economic loss rule and several exculpatory provisions. Magic Circle now appeals the trial court’s order. * * *

Magic Circle raises two issues for our review, which we restate as whether the trial court erred when it dismissed the complaint because:

1. The economic loss rule is inapplicable in this case; and

2. The exculpatory provisions in the engagement agreements between Magic Circle and Crowe do not operate to relieve Crowe of all liability for the professional malpractice as alleged in the Second Amended Complaint. * * *

The economic loss rule does not have the effect of barring an accountant malpractice claim at tort. The exculpatory and limitation of liability clauses did not operate to preclude a recovery such that Magic Circle failed to plead a claim upon which, based upon the facts as pled in the complaint, relief could be granted. Thus the trial court erred in dismissing the Second Amended Complaint as to negligence through accountant malpractice. Reversed and remanded.

NFP civil decisions today (3):

In Zena D. Crenshaw-Logal, Personally and as Relator for the State of Indiana, et al. v. Lake Superior Court, Small Claims Division III, the Honorable Julie N. Cantrell as its Judge, et al. (mem. dec.), a 13-page opinion, Judge Brown writes:

Zena Crenshaw-Logal appeals the trial court’s dismissal of her action for mandate. We find one issue dispositive, which is whether Crenshaw-Logal’s notice of appeal is untimely. We dismiss.
Bruce R. VandeZande v. Market Ready (mem. dec.)

J.W. v. T.M. (mem. dec.)

NFP juvenile and criminal decisions today (1):

Margie Rene Mayhill v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 8, 2017 11:40 AM
Posted to Ind. App.Ct. Decisions