Donald Roy Smith v. Autumn Trails Apt. (mem. dec.)
49A04-1701-CT-13
Ind. Ct. App. Recl.Oct 31, 2017Background
- Donald Roy Smith leased an Autumn Trails apartment; lease renewed and an addendum converted tenancy to month-to-month (rent due on or before the 5th).
- In April 2014 Smith notified the landlord he would not pay April rent and later served a 30-day notice to vacate; landlord filed for possession and obtained a small-claims order to vacate by May 14, 2014.
- Smith remained after the order; landlord obtained a writ of restitution and Smith was evicted in June 2014.
- Smith sued in superior court alleging wrongful/vindictive eviction, failure to forward rental history (hindering new housing), and resulting physical/mental harms and medical expenses.
- Defendants moved for summary judgment, designating the lease/addendum and an affidavit showing nonpayment and the small-claims judgment; Smith opposed without designating contrary evidence. Trial court granted summary judgment for defendants; Smith appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment for defendants was improper | Smith: eviction was wrongful/retaliatory; landlord failed to give late/ten-day notices and failed to forward rental history, causing damages | Defendants: Smith admitted nonpayment; lease allowed eviction for late rent and small-claims court lawfully ordered eviction; no genuine factual dispute | Affirmed — summary judgment proper (no genuine issue of material fact; Smith breached lease by nonpayment and was lawfully evicted) |
Key Cases Cited
- Wagner v. Yates, 912 N.E.2d 805 (Ind. 2009) (standard of review for summary judgment)
- Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384 (Ind. 2016) (summary-judgment burdens and shifting)
- Zavodnik v. Harper, 17 N.E.3d 259 (Ind. 2014) (pro se litigants held to same procedural standards as attorneys)
- Basic v. Amouri, 58 N.E.3d 980 (Ind. Ct. App. 2016) (pro se consequences for failure to present cogent arguments)
- Perry v. Anonymous Physician 1, 25 N.E.3d 103 (Ind. Ct. App. 2014) (courts will not advocate for parties or address inadequately developed arguments)