Schnucks Markets v. Lyles

Indiana Court of Appeals

Schnucks Markets v. Lyles

581 N.E.2d 981, 1991 Ind. App. LEXIS 1984, 1991 WL 245317

CourtIndiana Court of Appeals

DecidedNovember 26, 1991

DocketNo. 82A04-9103-CV-79

StatusPublished

This text of 581 N.E.2d 981 (Schnucks Markets v. Lyles) 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

Schnucks Markets v. Lyles, 581 N.E.2d 981, 1991 Ind. App. LEXIS 1984, 1991 WL 245317 (Ind. Ct. App. 1991).

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Opinion

CHEZEM, Judge.

Plaintiff/ Appellant, Schnucks Markets (Schnucks), appeals from the denial of Schnucks' claim for treble damages pursuant to Ind.Code 34-4-80-1.¹ We reverse.

[982]*982On May 11, 1990, Defendant/Appellee, Wanda P. Lyles (Lyles), issued a check to Schnucks in the amount of $50.00. Schnucks presented the check to Evansville Federal for payment but it was returned because of insufficient funds.

Thereafter, Schnucks notified Lyles that her check was not honored. Lyles failed to pay both the amount of the check and the returned check fee.

Schnucks then filed suit in the Small Claims Division of the Vanderburgh Superior Court and sought treble damages. Lyles failed to appear, and the court found for Schnucks, but only awarded damages of $50.00, attorney fees of $75.00, and costs.

We first note that Lyles failed to file a brief in this appeal. Thus, we apply a less stringent standard of review with respect to showings of reversible error. Schnucks need only establish prima facie error to win reversal. Stacey-Rand, Inc. v. J.J. Holman, Inc. (1988), Ind. App., 527 N.E.2d 726, 727, reh. denied.

Schnucks contends the trial court erred in failing to award treble damages.² We agree. IC 85-48-5-5(a) provides, "A person who knowingly or intentionally issues ... a check ... to acquire ... property, [and knows] that it will not be ... honored by the credit institution upon presentment ... {[for payment], commits check deception." Moreover, "evidence that a person had insufficient funds in or no account with a drawee credit institution constitutes prima facie evidence that the person knew that the check, draft, or order would not be paid or honored." IC 35-48-5-5(c). Here, the fact that Lyles had insufficient funds in her account is prima facie evidence that she knew the check to Schnucks would not be honored. Thus, Schnucks clearly suffered a pecuniary loss as a result of Lyles' dishonored check.

The trial court properly found in favor of Schnucks; however, it erred in failing to award treble damages pursuant to IC 34-4-80-1(1). McMahon Food Company, Inc. v. Call (1980), Ind.App., 406 N.E.2d 1206, 1208; Americar Leasing, Inc. v. Maple (1980), Ind.App., 406 N.E.2d 383, 385. Accordingly, we reverse and remand for entry of judgment consistent with this opinion.

Reversed.

CONOVER and STATON, JJ., concur.

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CHEZEM, Judge.

Plaintiff/ Appellant, Schnucks Markets (Schnucks), appeals from the denial of Schnucks' claim for treble damages pursuant to Ind.Code 34-4-80-1.¹ We reverse.

[982]*982On May 11, 1990, Defendant/Appellee, Wanda P. Lyles (Lyles), issued a check to Schnucks in the amount of $50.00. Schnucks presented the check to Evansville Federal for payment but it was returned because of insufficient funds.

Thereafter, Schnucks notified Lyles that her check was not honored. Lyles failed to pay both the amount of the check and the returned check fee.

Schnucks then filed suit in the Small Claims Division of the Vanderburgh Superior Court and sought treble damages. Lyles failed to appear, and the court found for Schnucks, but only awarded damages of $50.00, attorney fees of $75.00, and costs.

We first note that Lyles failed to file a brief in this appeal. Thus, we apply a less stringent standard of review with respect to showings of reversible error. Schnucks need only establish prima facie error to win reversal. Stacey-Rand, Inc. v. J.J. Holman, Inc. (1988), Ind. App., 527 N.E.2d 726, 727, reh. denied.

Schnucks contends the trial court erred in failing to award treble damages.² We agree. IC 85-48-5-5(a) provides, "A person who knowingly or intentionally issues ... a check ... to acquire ... property, [and knows] that it will not be ... honored by the credit institution upon presentment ... {[for payment], commits check deception." Moreover, "evidence that a person had insufficient funds in or no account with a drawee credit institution constitutes prima facie evidence that the person knew that the check, draft, or order would not be paid or honored." IC 35-48-5-5(c). Here, the fact that Lyles had insufficient funds in her account is prima facie evidence that she knew the check to Schnucks would not be honored. Thus, Schnucks clearly suffered a pecuniary loss as a result of Lyles' dishonored check.

The trial court properly found in favor of Schnucks; however, it erred in failing to award treble damages pursuant to IC 34-4-80-1(1). McMahon Food Company, Inc. v. Call (1980), Ind.App., 406 N.E.2d 1206, 1208; Americar Leasing, Inc. v. Maple (1980), Ind.App., 406 N.E.2d 383, 385. Accordingly, we reverse and remand for entry of judgment consistent with this opinion.

Reversed.

CONOVER and STATON, JJ., concur.

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581 N.E.2d 981, 1991 Ind. App. LEXIS 1984, 1991 WL 245317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schnucks-markets-v-lyles-indctapp-1991.

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