Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEYS FOR APPELLANT: EDWARD P. BENCHIK CHARLES SHEDLAK Shedlak & Benchik Law Firm LLP South Bend, Indiana

FILED
Sep 30 2010, 7:26 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLEE: JAMES E. EASTERDAY Easterday & Ummel Plymouth, Indiana

IN THE COURT OF APPEALS OF INDIANA
BONNIE ELAINE ROCK, Appellant-Defendant, vs. EASTERDAY CONSTRUCTION CO, INC., Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 50A03-0911-CV-00534

APPEAL FROM THE MARSHALL CIRCUIT COURT The Honorable Curtis D. Palmer, Judge Cause No. 50C01-0804-PL-12

September 30, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION MAY, Judge

Bonnie Elaine Rock ("Rock") appeals a judgment awarding damages to Easterday Construction Co., Inc. ("Easterday"). Rock presents two issues for our review: 1. Did the trial court err when it found a contract existed between Rock and Easterday? 2. Did the trial court err when it awarded damages to Easterday?

We affirm. FACTS AND PROCEDURAL HISTORY In May 2006, Rock, who resided in California, purchased a property in Plymouth, Indiana. The property was to be renovated into a residence, and the second floor was in disrepair. Rock initially contracted with Easterday for demolition work and some limited fa

Download Bonnie E. Rock v. Easterday Construction Co., Inc..pdf

Indiana Law