Lesher v. Baltimore Football Club

512 N.E.2d 156, 1987 Ind. LEXIS 1049

• Court: Indiana Supreme Court
• Decided: August 25, 1987
• Docket: 49S04-8708-CV-770
• Status: Published

Opinions

DICKSON, Justice.

As in two other cases ¹ which we are deciding contemporaneously, this case likewise presents the issue of appellate attorney fees pursuant to Appellate Rule 15(G) of the Indiana Rules of Procedure. Upon this sole issue, we grant transfer. We decline to address the remaining issues and summarily affirm the Court of Appeals in these matters pursuant to Appellate Rule 11(B)(8).

The Court of Appeals affirmed the trial court's grant of summary judgment and ordered defendants to pay appellee's attorney fees and expenses pursuant to AR 15(G), Lesher v. Baltimore Football Club (1986), Ind.App., 496 N.E.2d 785. The decision appears to have been based upon a finding that appellants' contentions lacked merit. The court stated:

Quite frankly, we are annoyed at having to devote our time and energy to an absolutely meritless claim for un-negoti-ated interest.

496 N.E.2d at 793. There was no indication that the court found bad faith, frivolity, harassment, vexatiousness, or purpose of delay.

To the contrary, the appeal was expeditiously presented, the record and briefs were concise, and the issues were addressed with plausible argument.

For the reasons more expansively presented in Orr v. Turco Manufacturing Co. (1987), Ind., 512 N.E.2d 151, we hold that the Court of Appeals abused its diseretion in awarding punitive appellate attorney fees, which are hereby denied.

In all other respects, the decision of the Court of Appeals is summarily affirmed.

GIVAN and PIVARNIK, JJ., concur. DeBRULER, J., dissents. SHEPARD, C.J., dissents with opinion.

1 . Orr v. Turco Mfg. Co. (1987), Ind., 512 N.E.2d 151; In re Guardianship of Posey v. Lafayette Bank & Trust Co (1987), Ind., 512 N.E.2d 155.