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Thursday, September 04, 2008
Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)
For publication opinions today (0):
NFP civil opinions today (1):
In James T. Ferguson, et al. v. Charles D. Chandler, et al. (NFP), a 20-page opinion ("This appeal is the third time we have addressed this litigation."), Judge Robb concludes:
The trial court properly concluded Ferguson failed to prove damages resulting from the Candlers’ breach of fiduciary duty, was not entitled to relief on his claim for constructive fraud, and was not entitled to attorney fees under the Crime Victims Statute. However, the trial court improperly concluded Ferguson was not entitled to damages for destruction of the doors, and we remand with instructions that the trial court award Ferguson damages on that claim in the amount of $1,187.70. We also remand with instructions that the trial court enter findings and conclusions on 1) whether the Candlers complied with the trial court’s September 29, 2003, order and, if not, to determine Ferguson’s damages and 2) whether the Candlers are entitled to damages based on Ferguson’s breach of fiduciary duty, recognizing that such damages are time-barred before June 2, 2000. On remand, the trial court need not conduct a hearing if it so chooses. Affirmed in part, reversed in part, and remanded with instructions.NFP criminal opinions today (3):
Fred G. Newell v. State of Indiana (NFP)
Joshua Copeland v. State of Indiana (NFP)
James Leroy Kilgore v. State of Indiana (NFP)
Posted by Marcia Oddi on September 4, 2008 12:49 PM
Posted to Ind. App.Ct. Decisions