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FOR PUBLICATION
ATTORNEY FOR APPELLANT: TOM A. BLACK Plymouth, Indiana

IN THE COURT OF APPEALS OF INDIANA
CATHY DURF, Appellant-Defendant, vs. HAROLD MOLTER and DORIS MOLTER, Appellees-Plaintiffs. ) ) ) ) ) ) ) ) )

No. 25A03-0505-CV-218

APPEAL FROM THE FULTON SUPERIOR COURT The Honorable Wayne E. Steele, Judge Cause No. 25D01-0410-SC-548

DECEMBER 30, 2005

OPINION - FOR PUBLICATION

HOFFMAN, Senior Judge

Appellant-Defendant Cathy Durf ("the Tenant") appeals from the small claims court's order awarding Appellees-Plaintiffs Harold and Doris Molter (collectively "the Landlord") $1,950.00 for damages to the rental property. The Landlord and the Tenant entered into a lease agreement for $650.00 per month in rent plus a $650.00 security deposit. The Tenant failed to pay her rent on October 1, 2004. On October 11, 2004, the Landlord gave the Tenant a five-day written notice of eviction. On October 13, 2004, the Tenant sent a letter to the Landlord stating that she would not vacate the premises for thirty days. In that letter, the Tenant provided the Landlord with the address where the Tenant would be living after vacating the leased premises. On October 18, 2004, the Landlord filed a notice of claim and affidavit for possession of real property. On November 1, 2004, a hearing was held and the court ordered the Tenant to vacate the premises. The Tenant vacated the premises on November 8, 2004. When the Tenant vacated the leased premises there was some wear and tear to the residence. On March 28, 2005, a bench trial was held on the Landlord's notice of claim and on the Tenant's counter-claim for the refund of her security deposit. On April 12, 2005, the court entered judgment in favor of the Landlord for $3,000.00 plus costs. The court found for the Tenant on her counterclaim in the amount of her security deposit, $650.00 plus attorneys fees of $400.00. The court then set off the judgments leaving the Landlord with a $1,950.00 award.

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The Tenant filed a notice of appeal on April 28, 2005. The Landlord filed a motion for proceedings supplemental on May 12, 2005. On June 6, 2005, the Tenant filed a motion to stay proceedings pending appeal. STANDARD OF REVIEW The Landlord has not filed an appellee's brief in this matter. When an appellee does not submit a brief, an appellant may prevail by making a prima facie case of error, a less stringent standard. Lewis v. Rex Metal Craft, Inc., 831 N.E.2d 812, 816 (Ind. Ct. App. 2005). Prima facie, in this context, is defined as at first sight, on first appearance, or on the face of it. Id. The prima facie error rule protects this court and relieves it from the burden of controverting arguments advanced for reversal, a duty which properly remains with counsel for the appellee. Id. The Tenant lost, in part, below. When reviewing an appeal from a negative judgment we must determine whether the judgment is contrary to law. Mileusnich v. Novogroder Co., Inc., 643 N.E.2d 937, 939 (Ind. Ct. App. 1994). A judgment is contrary to law when the evidence is without conflict and leads to but one conclusion which is contrary to that reached by the trial court. Id. In determining whether a negative finding is contrary to law, we will neither reweigh the evidence nor reassess the credibility of the witnesses. Id. We will reverse a judgment only if the evidence is without conflict and leads but to one conclusion, which is the opposite of that reached by the trial court. Id. TERMINATION OF RENTAL AGREEMENT & SECURITY DEPOSITS When discussing the landlord-tenant statute regarding return of security deposits, now codified at Ind. Code

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