Strezovski v. Frazee

818 N.E.2d 505, 2004 Ind. App. LEXIS 2379, 2004 WL 2711070
CourtIndiana Court of Appeals
DecidedNovember 30, 2004
DocketNo. 45A03-0401-CV-34
StatusPublished
Cited by11 cases

This text of 818 N.E.2d 505 (Strezovski v. Frazee) 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
Strezovski v. Frazee, 818 N.E.2d 505, 2004 Ind. App. LEXIS 2379, 2004 WL 2711070 (Ind. Ct. App. 2004).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellants-Plaintiffs, James Strezovski and W.D. Connette (collectively, the Appellants), appeal the trial court's order in favor of Appellees-Defendants, George R. Frazee and Elaine Frazee (Elaine) (collectively, the Frazees), denying Appellants' [507]*507Verified Petition for Order Directing Issuance of Tax Deed By the Lake County Auditor (Petition).

We reverse and remand with instructions.

ISSUE

Appellants raise two issues on appeal, which we consolidate and restate as: whether the trial court erred in denying their Petition thereby granting the Fra-zees time beyond the one-year redemption period pursuant to Indiana Code §§ 6-1.1-25-1; 6-1.1-25-4; and 6-1.1-25-4.6.

FACTS AND PROCEDURAL HISTORY

The Frazees owned the real property located at 8408 Gordon Drive, in Highland, Indiana (the Property). On September 20, 2002, pursuant to a tax sale, the Lake County Auditor sold the property to Heartwood 88, LLC (Heartwood), because the Frazees were delinquent in paying real estate taxes and assessments. On the same day, Heartwood was issued a tax sale certificate.

On May 16, 2003, Heartwood sent a Notice of Tax Sale to the Frazees' Property. The Frazees signed the notice as received on May 19, 2003. On October 8, 2003, Heartwood sold and assigned its interest in the Property to the Appellants. Thereafter, on October 21, 2008, the Appellants filed their Petition with a notification of the filing to the Frazees. The Frazees signed the notice as received on October 283, 2003.

On December 22, 2003, after a hearing, the trial court granted the Appellants' Petition. During the same morning, the attorney for the Lake County Auditor notified the trial court that Elaine was present in court and wished to be heard. After the trial court allowed Elaine to be heard, she orally objected to the issuance of the tax deed and requested an additional five days to redeem the property. The trial court granted her request. Thereafter, on February 18, 2004, the trial court issued an Order Denying Order to Issue Tax Deed.

The Appellants now appeal. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Standard of Review

At the outset, we note that the Frazees did not file an Appellee's Brief. When an appellee does not submit a brief, an appellant may prevail by making a prima facie case of error. Brower Corp. v. Brattain, 792 N.E.2d 75, 77 (Ind.Ct.App.2003). In this context, "prima fucie" is defined as "at first sight, on first appearance, or on the face of it." Id. (quoting Santana v. Santana, 708 N.E.2d 886, 887 (Ind.Ct.App.1999)). By using this prima facie error standard, this court is relieved of the burden of developing arguments for the Appellee, a duty that properly remains with the Appellee. Brower Corp., 792 N.E.2d at 77.

In this case, the trial court's judgment turns on the interpretation of Indiana Code §§ 6-1.1-25-1; 6-1.1-25-4; and 6-1.1-25-4.6. The interpretation of a statute is a question of law reserved for the courts. State v. Rans, 739 N.E.2d 164, 166 (Ind.Ct.App.2000). - Appellate courts review questions of law under a de movo standard and owe no deference to a trial court's legal conclusions. Id. If the language of a statute is clear and unambiguous, it is not subject to judicial interpretation. - Montgomery v. Estate of Montgomery, 677 N.E.2d 571, 574 (Ind.Ct.App.1997). However, when the language is susceptible to more than one construction, we must construe the statute to determine the apparent legislative intent. [508]*508Id. In this respect, the task of appellate courts has been summarized as follows:

We ascertain and implement legislative intent by "giving effect to the ordinary and plain meaning of the language used in the statute." The statute is examined and interpreted as a whole and the language itself is serutinized, including the grammatical structure of the clause or sentence at issue. Within this analysis, we give words their common and ordinary meaning, without "overemphasizing a strict literal or selective reading of individual words."

Clifft v. Ind. Dep't of State Revenue, 660 N.E.2d 310, 316 (Ind.1995) (internal citations omitted).

II. Issuance of Tax Deed

Appellants contend that the trial court erred in denying their Petition. Specifically, Appellants assert that the Petition should have been granted because they fulfilled all statutory requirements necessary for the issuance of a tax deed. We agree.

Our supreme court succinetly set forth the framework for the issuance of tax deeds in Tax Certificate Invs., Inc. v. Smethers, 714 N.E.2d 131, 133 (Ind.1999). The supreme court stated that, in part, a purchaser of Indiana real property that is sold for delinquent taxes initially receives a certificate of sale. Id; see Ind.Code § 6-1.1-24-9. Thereafter, a one-year redemption period ensues. Tax Certificate Invs., Inc., 714 N.E.2d at 133; see I.C. §§ 6-1.1-25-1; 6-1.1-25-4. - Previously, the statute provided that an interested person could redeem the tract at any time before the date when the auditor was required to issue a tax deed; thus, a redemption could occur after the one-year redemption period expired if the trial court had not yet entered the order for a tax deed. In re the 2002 Floyd County Tax Sale, 813 N.E.2d 805, 809 (Ind.Ct.App.2004); see also Wildwood Acres Trust v. First Citizens State Bank, 671 N.E.2d 1199, 1202 (Ind.Ct.App.1996). However, effective July 1, 2001, Indiana Code § 6-1.1-25-1 was amended to provide for a definitive period of redemption, dependent upon the expiration of the statutory period, rather than upon the time it takes a court to order a tax deed. In re the 2002 Floyd County Tax Sale, 813 N.E.2d at 809. Specifically, Indiana Code § 6-1.1-25-4(a) provides in relevant part: "[the period for redemption of real property sold under Indiana Code $ 6-1.1-24 is one (1) year after the date of sale." Id. Thus, the redemption statutes, ie, Indiana Code §§ 6-1.1-25-1 and 6-1.1-25-4, construed together, clearly contemplate a fixed one-year redemption period. Therefore, if the owners fail to redeem the property during that year, a purchaser who has complied with the statutory requirements is entitled to a tax deed. Tax Certificate Invs., Inc., 714 N.E.2d at 133; see also I.C. § 6-1.1-25-4.6.

Our review of the record reveals that the Frazees received notice of the tax sale of their Property and failed to redeem it within one year from the date of the sale. The record also shows that after the one-year redemption period expired, the Appellants filed their Petition.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Elizabeth Gunther v. St Joseph Co Auditor
Indiana Court of Appeals, 2025
Marion Assets 2020 LLC v. FIASCONE FAMILY LP
Indiana Court of Appeals, 2023
Laudig v. Hecimovich
N.D. Indiana, 2021
219 Kenwood Holdings, LLC v. Properties 2006, LLC
19 N.E.3d 342 (Indiana Court of Appeals, 2014)
M JEWELL, LLC v. Powell
954 N.E.2d 1053 (Indiana Court of Appeals, 2011)
Blake v. State
860 N.E.2d 625 (Indiana Court of Appeals, 2007)
Hall v. Terry
837 N.E.2d 1095 (Indiana Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
818 N.E.2d 505, 2004 Ind. App. LEXIS 2379, 2004 WL 2711070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strezovski-v-frazee-indctapp-2004.