Posts by Douglas Masson
Indiana Collections: Collecting on an Account
The Indiana Court of Appeals issued a Memorandum Decision in the case of Meisberger v. H&B Enterprises (pdf) Because it’s a Memorandum Decision, it is not binding precedent. However, it still provides some insight into some of the issues involved with collecting on an account as a contractor. The practice point for businesses in this…
Read MoreCourt of Appeals Decides Two Tippecanoe County Criminal Cases
On June 30, 2015, the Court of Appeals issued opinions in two Tippecanoe County criminal cases. The first, State v. Anderson affirmed the decision of Tippecanoe County Superior Court 2 Judge (now Circuit Court Judge) Tom Busch. At issue was the “breaking” element of burglary. According to the definition in place when the crime was…
Read MoreWhen Suing Contractor for Breach of Contract, Evidence of Damages Caused by Breach is Necessary
On June 29, 2015, the Court of Appeals issued a memorandum decision in the case of Chocklett v. Davison (pdf) concerning a breach of contract action brought by a homeowner against a contractor. The homeowner hired the contractor to do a remodel. The relationship deteriorated as the homeowner came to believe the work was untimely…
Read MoreStatute Restricting Local Regulation of Firearms is not subject to Indiana Tort Claims Act
On June 24, 2015, the Indiana Court of Appeals decided the case of City of Evansville v. Magenheimer. At issue was the interplay between a relatively new statute, IC 35-47-11.1 restricting the ability of local government to regulate possession of firearms on public property and an older statute, IC 34-13-3, the Indiana Tort Claims Act,…
Read MoreCourt of Appeals decides two Tippecanoe County cases
On June 23, 2015, the Indiana Court of Appeals decided two cases out of Tippecanoe County: Vazquez v. State of Indiana and In re: The Estate of Robert F. Darter. The first, Vazquez, was a criminal case involving an individual with felony drug convictions serving a 45 year sentence. The General Assembly recently amended the…
Read MoreI-465, LLC v. Metropolitan Board of Zoning Appeals
The June 18, 2015, Indiana Court of Appeals decision entitled I-465, LLC v. Metropolitan Board of Zoning Appeals (pdf) concerned a request for a variance granted by the Metropolitan Board of Zoning Appeals (BZA) serving Marion County. A variance is, generally speaking, relief from a zoning ordinance that permits a landowner to use the land…
Read MoreDrainage and the Common Enemy Doctrine
Drainage might seem like a fairly dry topic to most people, but when water starts coming on to your property, people often develop a keen interest in the topic. As attorneys for the Tippecanoe County Drainage Board, we have accumulated some experience in the area. On March 30, 2015, the Indiana Court of Appeals issued…
Read MoreThe "Account Stated" in Indiana Collections
On August 27, 2014, the Indiana Court of Appeals issued a Not-for-Publication Memorandum Decision in the case of Dellamuth v. Ken’s Carpet Unlimited. As an NFP decision, the case cannot be cited as precedent, but it does offer some discussion as to the “account stated” contract theory as it pertains to collecting debts in Indiana.…
Read MoreCourt of Appeals Decides Medical Collection Attorney's Fee Case
Medical billing and collections can be complicated. Often, what looks like one service to the patient can result in bills from multiple entities and a variety of collection efforts. The obligations from debtor to creditor can be similarly variable. In the case of Deca Financial Services, LLC v. Gray (pdf), the Indiana Court of Appeals…
Read MoreIndiana Court of Appeals: Creditor Agreement with Husband Does Not Impair Joint Obligation Owed by Ex-Wife
Where a creditor has an agreement with two or more debtors that make them jointly and severally liable for the same debt, the creditor is permitted to enter into an agreed judgment with one debtor without that agreement barring the creditor’s recovery against the other debtor(s). That was the issue in the case of Lori…
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