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Monday, April 21, 2008

Ind. Decisions - Court of Appeals issues 0 today (and 6 NFP)

For publication opinions today (0):

NFP civil opinions today (2):

In Town & Country Ford, Inc. v. Robin A. Davis (NFP), a 6-page opinion, Judge Vaidik writes:

In this small claims action, the trial court, in construing an installment contract for the purchase of a used vehicle and a service contract for an extended service plan on the vehicle, found an ambiguity existed and entered judgment in favor of the purchaser, Robin A. Davis, and against the dealership, Town & Country Ford, Inc. (“Town & Country”). Finding no ambiguity in the contracts, we conclude that the trial court erred by entering judgment in Davis’s favor and reverse. * * *

Construing these two documents, we conclude that there is no ambiguity. The Installment Contract makes reference to a sixty-month Service Contract, and the Service Contract unambiguously provides that the sixty months was to begin on April 29, 2000 (which is apparently the date the vehicle was originally purchased) and was to end on April 29, 2005.

Here, Davis purchased her used 2000 Ford Ranger in January 2003. At that time, she purchased an extended service plan, thereby extending the warranty on the vehicle to sixty months from April 29, 2000 to April 29, 2005. Davis had problems with her engine in September 2005, which was beyond the date of coverage for the extended service plan. Accordingly, we must reverse the trial court’s judgment entered in favor of Davis. Reversed.

In Tri-County Conservancy District v. Gradex, Inc. (NFP), a 14-page opinion, Judge Barnes wrties:
Tri-County Conservancy District (“Tri-County”) appeals the trial court’s award of prejudgment interest in the amount of $200,437.65 on a judgment totaling $283,149.38 entered in favor of Gradex, Inc. We affirm.

The restated issues before us are: I. whether the trial court properly determined that Gradex is entitled to prejudgment interest; and II. whether the accrual of prejudgment interest should have partially stopped after Tri-County tendered $218,870.62 to the trial court clerk at an earlier stage of the litigation. * * *

Conclusion. The trial court did not err in awarding prejudgment interest to Gradex in the amount of $200,437.65. We affirm.

NFP criminal opinions today (4):

Connie M. Hensley v. State of Indiana (NFP)

Jason Foster v. State of Indiana (NFP)

Yolanda Weathers v. State of Indiana (NFP)

Earnest Webb v. State of Indiana (NFP)

Posted by Marcia Oddi on April 21, 2008 01:23 PM
Posted to Ind. App.Ct. Decisions