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FOR PUBLICATION
ATTORNEYS FOR APPELLANTS: MARK J.R. MERKLE ANTHONY W. MOMMER Krieg DeVault LLP Indianapolis, Indiana MICHAEL W. HILE BERNARD L. PYLITT RONALD G. SENTMAN Katz & Korin, PC Indianapolis, Indiana ATTORNEYS FOR APPELLEE: LINDA L. PENCE MARY T. DOHERTY Sommer Barnard PC Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Apr 23 2008, 10:29 am

CLERK

IN THE COURT OF APPEALS OF INDIANA
PRIME MORTGAGE USA, INC., and DAVID M. LAW, Appellants-Defendants, vs. DELIE T. NICHOLS, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) )

No. 49A04-0610-CV-586

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Kenneth H. Johnson, Judge Cause No. 49D02-0105-CP-825

April 23, 2008

OPINION - FOR PUBLICATION

ROBB, Judge

Case Summary Prime Mortgage USA, Inc. ("Prime"), and David Law (referred to collectively as the "Defendants") appeal following the trial court's order of default judgments in favor of Delie Nichols as a penalty for the Defendants' discovery violations. The trial court held a hearing on damages, and awarded roughly eight million dollars to Nichols. In a subsequent proceedings supplemental, the trial court issued an order of garnishment on a life insurance policy held by Law. Issues 1. Whether Nichols's claim under Indiana Code section 34-24-3-1 (the "Crime

Victims Statute") is barred by the statute of limitations; 2. Whether the Defendants were entitled to a jury trial on the amount of damages

under the Crime Victims Statute; 3. Whether the trial court abused its discretion in ordering default judgments as a

sanction for discovery violations; 4. Whether the trial court's award of damages was proper and supported by the

evidence; 5. Whether sufficient evidence existed to hold the Defendants liable under the Crime

Victims Statute; 6. 7. Whether the trial court's award of attorney's fees was improper; Whether the trial court improperly determined that Nichols's unpaid compensation

constituted "wages" under Indiana Code sections 22-2-5-1 and

Download Prime Mortgage USA, Inc. and David M. Law v. Delie T. Nichols.pdf

Indiana Law