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Court of Appeals Argument Preview: Week of April 6, 2009
Posted in Litigation

The Indiana Court of Appeals will hear four oral arguments this week.

On Tuesday, April 7, beginning at 1:30 p.m. EDT, the Court will hear Nunn Law Office v. Rosenthal.  In this case, Nunn Law Office (“Nunn”) appeals the trial court’s award of $1,462.88 in attorney’s fees in its petition for division of fees arising out of Nunn’s and attorney Peter Rosenthal’s successive representation of a personal injury client.  Nunn asserts that the trial court erred in failing to issue written findings of fact and conclusions of law pursuant to Indiana Trial Rule 52, and basing its award upon quantum meruit rather than upon Nunn’s fee agreement with the client.  The argument will be webcast from the Indiana Supreme Court courtroom.

At 4 p.m. CDT on Tuesday, the Court will hear argument in Sheehan Construction Co. v. Continental Casualty Co.  This appeal arises from a grant of summary judgment to the defendant insurance company over the scope of general liability coverage it provided to Sheehan Construction Company and its subcontractor.  The trial court concluded that damage resulting from defective workmanship is not an “accident” for which the policies provided coverage.  This argument will take place at the University of Southern Indiana (Carter Hall D at University Center) in Evansville.

On Wednesday, April 8, at 12:45 p.m. EDT, the Indiana Court of Appeals will hear argument in Gonzalez v. State.  In this case, the defendant was allegedly driving while intoxicated when his pickup truck hit a school bus.  Before trial, and during plea agreement negotiations, the defendant wrote a letter of apology to the school corporation.  The trial court allowed the State to enter an English translation of the letter into evidence.  Gonzalez argues on appeal that a letter written as part of guilty plea negotiations is inadmissible at trial, and that the translation of the letter was inadmissible hearsay.  This argument will take place at the Sam and Paul Robinson Performing Arts Center, Our Lady Providence High School, in Clarksville.

Finally, on Thursday, April 9, at 10 a.m. EDT, the Court will hear argument in an interlocutory appeal, Lacava v. Lacava.  In this case, two adult sons of the defendant father sued for alleged sexual abuse during their minority.  The plaintiffs claimed they suffered from repressed memories of the events.  The defendant father moved for summary judgment, arguing that the action was barred by the statute of limitation, either because the sons did not suffer from repressed memory or because their mother’s knowledge of the events during their minority is imputed to them.  The trial court denied the motion, finding genuine issues of material fact as to when the plaintiffs had memories of the events and whether their mother was complicit in the father’s alleged misconduct.  This argument will take place at the Sheraton Hotel Conference Center, 31 W. Ohio Street, in Indianapolis.

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