The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 1 today (and 15 NFP)

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Monday, March 15, 2010

Ind. Decisions - Court of Appeals issues 1 today (and 15 NFP)

For publication opinions today (1):

In Lees Inns of America, Inc. v. William Lee Irrevocable Trust , a 34-page opinion, Chief Judge Baker writes:

This eight-year-long litigation involving an Indiana-based hotel chain that was commenced under the Dissenter‟s Rights Statute has resulted in a judgment in excess of $7.5 million in favor of the minority shareholders in the corporation. Appellant-plaintiff Lees Inns of America, Inc. (Lees Inns), appeals the trial court‟s judgment in favor of appellees-defendants William R. Lee Irrevocable Trust, Donald Lee, and Robert Lee as co-trustees (collectively, the Trust), in this action that Lees Inns initiated. Specifically, Lees Inns argues that the trial court erred in refusing to appoint a master or expert appraiser to assist in calculating the value of Lees Inns‟ business. Lees Inns also claims that the trial court erroneously adopted a valuation of the business that was based, among other things, on speculative future transactions and that the evidence did not support a finding of a breach of fiduciary duty by the majority shareholder. The Trust cross-appeals, claiming that the trial court abused its discretion in awarding it prejudgment interest for only one-half of the relevant period because the Dissenters‟ Rights Statute expressly provides otherwise.

We conclude that the trial court properly exercised its discretion in denying Lees Inns‟ motion for a master or expert appraiser to assist it in calculating the value of the business. We also find that the trial court properly valued the business based on the evidence presented and that it correctly determined that the majority shareholder was in breach of his fiduciary duties that he owed to fellow directors and shareholders. Moreover, we conclude that the trial court properly disregarded a number of real estate options that were granted to the majority shareholder in determining the damages that resulted to the Trust as a consequence of the breaches of fiduciary duty. Finally, we conclude that the trial court properly reduced the amount of prejudgment interest that the Trust requested in light of the delays that resulted in bringing this matter to trial. Thus, we affirm the trial court‟s judgment in all respects.

NFP civil opinions today (5):

Greene County, Indiana, et al. v. Weddle Brothers Construction Co., Inc. (NFP) - "In this interlocutory appeal, Greene County of Indiana by and through its Board of Commissioners and Greene County Building Corporation (“Greene County”) appeals the denial of its motion for partial summary judgment regarding the effect of lien waivers and releases signed by the subcontractors and suppliers of Weddle Brothers Construction Company (“Weddle”). We affirm. * * *

"The ambiguity of the contracts raises a genuine issue of material fact and prohibits the entry of summary judgment. Due to this ambiguity, extrinsic evidence is permitted to determine the meaning and scope of the contracts."

Kevin and Nancy Green v. Community Hospitals of Indiana, Inc. (NFP) - "The Greens have not identified instructions and evidentiary rulings inconsistent with substantial justice."

Dennis Adkins v. Judy Saunders (NFP) - "Inasmuch as this is not an interlocutory appeal as of right and the trial court’s order has not been certified for a discretionary interlocutory appeal, we do not have jurisdiction over this cause. See Ind. Appellate Rule 14(A)-(B). This appeal is dismissed without prejudice and the cause is remanded to the trial court for further proceedings."

Term. of Parent-Child Rel. of C.R. and E.R.; L.R. v. IDCS (NFP)

Term. of Parent-Child Rel. of Y.O., D.N., and C.O.; N.O. v. IDCS (NFP)

NFP criminal opinions today (10):

London Hood v. State of Indiana (NFP)

O.A.O. v. State of Indiana (NFP)

Kristy Kay Oglesby v. State of Indiana (NFP)

Jerry Joe Fuentes v. State of Indiana (NFP)

Marcus Crumble v. State of Indiana (NFP)

Robert J. Droher v. State of Indiana (NFP)

Khalid Jackson-Bey v. State of Indiana (NFP)

Peter Mudd v. State of Indiana (NFP)

Lashawna Ellis v. State of Indiana (NFP)