Affirm the trial court’s denial of defendant’s motion to set aside the default judgment under T.R. 60(B)(1) for excusable neglect, but remands to the trial court to reconsider whether equitable reasons support granting the motion under T.R. 60(B)(8).
Civil
Goodrich Quality Theaters, Inc. v. Fostcorp Heating & Cooling, Inc., No. 64S03-1504-PL-227,__ N.E.3d __ (Ind., Aug. 26, 2015).
Under Indiana’s mechanic’s lien statute, lienholders are entitled to collect attorney’s fees incurred in foreclosing upon their liens from a party who posts a surety bond securing the liens.
SCI Propane, LLC v. Frederick, No. 55S04-1508-PL-501,__ N.E.3d __ (Ind., Aug. 27, 2015).
Attorneys’ fees are not recoverable under the General Wrongful Death Statute as a form of damages when the decedent is survived by a spouse and/or dependents.
JP Morgan Chase Bank v. Claybridge Homeowners Assoc., Inc., No. 29S02-1504-MF-188, ,__ N.E.3d __ (Ind., Aug. 27, 2015).
Motion to Intervene was properly denied because the party had constructive notice of foreclosure by way of a valid lis pendens notice.
Cavallo v. Allied Physicians of Michiana, LLC, No. 71A05-1406-PL-285, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2015).
Defendant did not have a right to a jury trial on the reasonableness of attorney fees, but there are instances where a jury may decide whether the amount of an attorney fee award is reasonable.