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Tuesday, December 27, 2005

Ind. Decisions - Four Court of Appeals opinions today

Joseph Jamrosz, et al. v. Resource Benefits, Inc., et al. is a 36-page opinion by Judge Sharpnack dealing with an asset purchase agreement of a broadcast license.

City of East Chicago v. Anthony Copeland, et al., a 13-page opinion by Judge Robb, concerns whether a City of East Chicago violated its salary ordinance by denying certain firefighters vacation hours over a period of several years. Affirmed.

In Gary Community School Corporation v. Service Employees International, et al., Judge Vaidik's summary reads:

The Gary Community School Corporation (the “Gary Schools”) appeals the trial court’s order of a condition on the Gary Schools to contribute additional money to the Health and Insurance Trust Fund for service employees in connection with the grant of a temporary restraining order and preliminary injunction. The injunction enjoined the Service Employees International Union Local 73, AFL-CIO and its members, non-teacher employees of the Gary Schools, from striking. Because the injunction was solely enjoining an illegal strike, as the employees are public employees, the trial court abused its discretion in imposing the contribution condition on the Gary Schools. We therefore affirm in part and reverse in part.
In Kevin D. Miller v. Cynthia Reinert and Angela Miller, Judge Robbs writes that Miller, representing himself, initiated the instant lawsuit against his ex-wife Angela and her attorney Reinert alleging “Abuse of Process, Libel Per Se and Negligence . . . from [the] publication of unprivileged, false, and defamatory statements in an appellate brief to the Indiana Court of Appeals.”
Kevin filed a motion for partial summary judgment on the issue of liability for his claims of abuse of process and libel per se. Angela and Reinert filed a consolidated response to Kevin’s motion for partial summary judgment. They also moved for dismissal of his complaint and assessment of damages and fees. After a hearing, the trial court denied Kevin’s motion for partial summary judgment and granted Angela and Reinert’s motion to dismiss. The trial court also ordered Kevin to pay Reinert’s attorney’s fees of $8,379.69 pursuant to Reinert’s request for fees. Kevin now appeals. * * *

This court has already determined that the statements made in the Appellee’s Brief were both pertinent and relevant to the litigation, as evidenced by the fact that some of the information was included in the opinion and by the fact that Kevin’s motions to strike the statements from the brief and from our opinion were denied. Reinert presented her client’s case in the way she thought most effective. Within the bounds of the rules of professional responsibility, she had no duty to consider what was best for Kevin. There is no evidence that Angela or Reinert included the statements at issue herein in the Appellee’s Brief with malice or with any motive other than elucidating the court. Moreover, there is evidence before the court that the statements were in fact true. Kevin’s complaint has thus failed to state a claim upon which relief could be granted. * * *

Kevin also contends the trial court erred in ordering him to pay Reinert’s attorney’s fees. The trial court entered an order that Kevin pay $8,379.69 to Reinert’s attorney on Reinert’s request for fees. Kevin contends that the order is improper. * * *

The trial court properly granted Angela and Reinert’s motion to dismiss because Kevin has failed to state a claim upon which relief could be granted. The statements that are the subject of Kevin’s complaint are protected by an absolute privilege for pertinent and relevant statements made in the course of judicial proceedings. However, because Kevin’s claims were not frivolous, the trial court erred in awarding attorney’s fees. We therefore reverse that part of the trial court’s order that requires Kevin to pay Reinert’s attorney’s fees, and affirm the remainder of the order.

Posted by Marcia Oddi on December 27, 2005 11:29 AM
Posted to Ind. App.Ct. Decisions