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Monday, June 11, 2007
Ind. Decisions - Court of Appeals issues 0 today (and 5 NFP)
For publication opinions today (0):
NFP civil opinions today (2):
Gregory L. Booroom v. Judith Howard (NFP) - "Boorom raises one issue on appeal, which we restate as: Whether the trial court erred in entering judgment on a jury’s verdict and award of damages for personal injuries because the jury improperly included compensation for attorney’s fees within that award. * * *
The record specifically reflects medical expenses and lost wages totaling more than $12,000.00. Additionally, the jury was allowed to compensate Howard for the accident’s impact on her total functioning, as well as her pain and suffering. Therefore, we cannot determine with certainty that the remainder of the award, roughly $20,000.00, was to compensate Howard for her legal expenses. Consequently, we refuse to attempt to interpret the thought process of the jury in arriving at its verdict. Id. Accordingly, we must conclude that the jury followed the instructions given by the trial court and arrived at an appropriate damage award."
Fort Wayne Newcomer Services v. Fort Wayne Nissan/Infiniti (NFP) - "The appellant bears the burden of presenting a record from which this Court can conduct a meaningful review. Ind. Appellate Rule 10; General Collections, Inc. v. Ochoa, 546 N.E.2d 113, 115 (Ind. Ct. App. 1989). Here, Newcomer submitted no transcript of the bench trial from which this Court could ascertain whether Newcomer met its burden of proof on its breach of contract claim.1 Newcomer asserts that the bench trial was not transcribed. However, Newcomer has not provided us with a Statement of Evidence pursuant to Indiana Appellate Rule 31 (providing for a verified statement of the evidence where no transcript is available).2 Finally, Newcomer has failed to comply with Appellate Rule 46(A)(8)(a) by supporting its argument with cogent reasoning, citations to relevant authority, and relevant portions of the Record on Appeal relied on. Accordingly, we dismiss the appeal for failure to comply with the Indiana Rules of Appellate Procedure."
NFP criminal opinions today (3):
Reginald Durr v. State of Indiana (NFP)
Richard H. Thomas, Jr. v. State of Indiana (NFP)
Harley A. Welch v. State of Indiana (NFP)
Posted by Marcia Oddi on June 11, 2007 12:33 PM
Posted to Ind. App.Ct. Decisions