Rockwell v. MSD Southwest Allen County

737 N.E.2d 829, 2000 Ind. App. LEXIS 1767, 2000 WL 1620083
CourtIndiana Court of Appeals
DecidedOctober 31, 2000
DocketNo. 76A05-0005-CV-223
StatusPublished

This text of 737 N.E.2d 829 (Rockwell v. MSD Southwest Allen County) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rockwell v. MSD Southwest Allen County, 737 N.E.2d 829, 2000 Ind. App. LEXIS 1767, 2000 WL 1620083 (Ind. Ct. App. 2000).

Opinion

opinion:

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Plaintiff, Lester Rockwell, Jr. (Rockwell), brings this interlocutory appeal of the trial court’s grant of summary judgment in favor of Defendant, MSD Southwest Allen County (MSD), on Rockwell’s breach of contract claim. Following the Summary Judgment Order, Rockwell filed a Petition for Certification of Interlocutory Order and for Stay of Proceedings Pending Appeal. The trial court ordered that the Summary Judgment Order is interlocutory, certified it for appeal, and further ordered that all proceedings in the trial court be stayed pending a final disposition on Rockwell’s interlocutory appeal.

We affirm.

ISSUE

Rockwell raises one issue for our review, which we restate as follows: whether the trial court erred in granting summary judgment in favor of MSD by finding that Rockwell did not have an enforceable employment contract because the alleged contract was never ratified by a majority of MSD’s governing body as required under Ind.Code § 20-5-3-8.

FACTS AND PROCEDURAL HISTORY

MSD is a governmental entity operating as a public school corporation. On or about January 2, 1992, the business manager of MSD verbally offered Rockwell a position of employment as Director of Administrative Information Services. Rockwell accepted this offer. Although in December of 1991, the Board of Trustees of MSD authorized and budgeted for this position, Rockwell did not have a written employment contract with the Board.

However, Rockwell held his position of employment until the position of Director of Administrative Information Services was terminated effective September 30, 1998. At no time between January 2, 1992, and September 30, 1998, had a majority of the members of the school board of MSD approved any contract with Rockwell.

Nevertheless, Rockwell argues he is entitled to compensation by virtue of an oral employment contract that he had with MSD, lasting from July 1, 1998, through June 30,1999.

On March 16, 1999, Rockwell filed a Complaint and Jury Demand in the Allen Superior Court against MSD, Superintendent Brian Smith, and Director of Human Resources Phyllis Davis. Rockwell alleged that the Defendants violated his First Amendment right to free speech, violated his constitutional right to due process, breached his oral contract of employment, and violated the Indiana Wage Claim Act. Rockwell also claimed that Smith and Davis tortiously interfered with his contractually protected employment with MSD. The Defendants removed the case to federal court and filed a counterclaim against Rockwell for an alleged overpayment. The Defendants moved for summary judgment on Rockwell’s claims and the United States District Court for the Northern District of Indiana granted Defendants’ Motion for Summary Judgment on all of Rockwell’s claims except for [831]*831the breach of contract claim against MSD. The District Court held that there were sufficient facts in dispute that precluded summary judgment on the issue of whether Rockwell had a year-to-year oral employment contract with MSD. The District Court also denied summary judgment on the Defendants’ state law counterclaim for overpayment. The District Court remanded the case to the trial court on Rockwell’s breach of contract claim and on MSD’s state law counterclaim for overpayment.

. On October 29, 1999, Rockwell filed a Motion for New Judge in the Men Superi- or Court. On January 7, 2000, MSD filed a Motion for Summary Judgment on Rockwell’s remaining breach of contract claim, raising the sole issue of whether Ind.Code § 20-5-3-8 required Rockwell’s alleged oral employment contract to be approved by a majority of the members of the School Board before it became enforceable. The parties agreed to remove the case to the Steuben Circuit Court.

The Steuben Circuit Court heard oral argument on the limited issue of the applicability of Ind.Code § 20-5-3-8 and granted MSD’s Motion for Summary Judgment on May 5, 2000, stating in relevant part: ⅜ ⅜ ⅜ ⅜ ⅜

11. In order for Rockwell to have an enforceable contract for a specific period of time it is obligatory that a majority of the members of the governing body of MSD approve said contract in advance pursuant to Ind.Code 20-5-3-8 or ratify said contract pursuant to the provisions of Ind.Code 20-5-2-2(18).
12. Neither action occurred in the case at bar.

(R. 252).

On May 18, 2000, Rockwell filed a Petition for Certification of Appeal of Interlocutory Order for Stay of Proceedings Pending Appeal. The trial court entered an Order certifying the Interlocutory Order of May 5, 2000 to the Indiana Court of Appeals and further ordered that all proceedings in the trial court be stayed pending a final disposition of Rockwell’s Interlocutory Appeal.

DISCUSSION AND DECISION

Standard of Review

When reviewing the grant of a summary judgment motion, we apply the same standard applicable in the trial court. Summary judgment is proper only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C). We do not weigh the evidence, but will consider the facts in the light most favorable to the non-moving party. Grose v. Bow Lanes, Inc., 661 N.E.2d 1220, 1224 (Ind.Ct.App.1996). We must reverse the grant of a summary judgment motion if the record discloses an incorrect application of the law to those facts. Ayres v. Indian Heights Volunteer Fire Dep’t, Inc., 493 N.E.2d 1229, 1234 (Ind.1986). The dispute before us involves the interpretation of Ind.Code § 20-5-3-8. Because the interpretation of a statute is a question of law reserved for the courts, see, e.g., ModuForm, Inc. v. Verkler Contractor, 681 N.E.2d 243, 248 (Ind.Ct.App.1997), trans. denied, conflicting factual testimony does not necessarily give rise to an issue of fact which would preclude summary judgment.

On appeal from a grant of summary judgment, the burden is on the appellant to prove the trial court erred in determining there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. Welch v. Scripto-Tokai Corp., 651 N.E.2d 810, 813 (Ind.Ct.App.1995), reh’g denied.

Ind. Code § 20-5-3-8

Rockwell argues that there is a factual dispute that precludes summary judgment as to whether the MSD School Board’s conduct approved his employment contract.

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Related

McCrary Engineering Corp. v. Town of Upland
472 N.E.2d 1305 (Indiana Court of Appeals, 1985)
Welch v. Scripto-Tokai Corp.
651 N.E.2d 810 (Indiana Court of Appeals, 1995)
Grose v. Bow Lanes, Inc.
661 N.E.2d 1220 (Indiana Court of Appeals, 1996)
Ayres v. Indian Heights Volunteer Fire Department, Inc.
493 N.E.2d 1229 (Indiana Supreme Court, 1986)
Moduform, Inc. v. Harry H. Verkler Contractor, Inc.
681 N.E.2d 243 (Indiana Court of Appeals, 1997)
Board of School Commissioners v. State Ex Rel. Wolfolk
199 N.E. 569 (Indiana Supreme Court, 1936)

Cite This Page — Counsel Stack

Bluebook (online)
737 N.E.2d 829, 2000 Ind. App. LEXIS 1767, 2000 WL 1620083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockwell-v-msd-southwest-allen-county-indctapp-2000.