Beverly Twilley v. Pangea Real Estate, PP Indy 6, LLC and All Unknown Persons (mem. dec.)
49A05-1604-CT-737
| Ind. Ct. App. | Jan 17, 2017Background
- Beverly Twilley leased an Indianapolis apartment (First Apartment) from Pangea in Sept. 2013 and reported suspected mold.
- On Oct. 3, 2013, Twilley and Pangea executed a Mutual Release and Move-Out Agreement: Twilley agreed to vacate by Oct. 30 and released Pangea from any and all claims related to the property; Pangea permitted her to sign a new lease for a different unit (Second Apartment) on Oct. 12, 2013.
- Twilley’s February 2014 rent check for the Second Apartment bounced for insufficient funds; Pangea initiated eviction proceedings in small claims court and obtained possession after a hearing.
- Twilley later sued (Apr. 2015) claiming mold in the First Apartment and wrongful/retaliatory eviction from the Second Apartment. Defendants moved for summary judgment, designating the mutual release, Twilley’s bounced check admission, and an affidavit about the eviction decision.
- Twilley requested additional discovery shortly before her summary-judgment response deadline; the trial court denied an enlargement, granted summary judgment to defendants, and denied her motion to correct error. She appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of mutual release | The release is unenforceable (analogizing to a clause waiving landlord liability) | The release was a negotiated mutual compromise releasing claims arising from the First Apartment | Release is enforceable; it bars Twilley’s claims about the First Apartment |
| Wrongful/retaliatory eviction | Eviction was wrongful; Twilley sought additional discovery (CCS) to show dismissal of small claims action | Eviction was for nonpayment of rent; defendants produced evidence of bounced check and legitimate basis for eviction | Summary judgment for defendants: eviction claim fails because nonpayment justified eviction |
| Denial of enlargement of time for discovery | Denial was error because Twilley needed time to obtain CCS to show prejudice | Plaintiff failed to show what evidence she would obtain or how she was prejudiced by denial | Denial affirmed: Twilley did not show prejudice or a genuine issue of material fact |
| Burden on summary judgment response | Twilley contends designated evidence insufficient without her discovery | Defendants met burden by designating release and evidence of nonpayment; nonmoving party must raise genuine issue | Defendants entitled to judgment as a matter of law; Twilley failed to meet her burden |
Key Cases Cited
- Ransburg v. Richards, 770 N.E.2d 393 (Ind. Ct. App. 2002) (court invalidated lease clause preemptively waiving landlord liability as against public policy)
- AM General LLC v. Armour, 46 N.E.3d 436 (Ind. 2015) (standard of review and burdens on summary judgment)
- Erwin v. Roe, 928 N.E.2d 609 (Ind. Ct. App. 2010) (party seeking enlargement must show prejudice from denial)