Holland v. Steele
961 N.E.2d 516
| Ind. Ct. App. | 2012Background
- Holland, a pro se plaintiff, sought to foreclose a common law lien against property owned by First Midwest Bank for alleged nuisance-abatement costs.
- The property at issue is 5088 West 17th Avenue in Gary, Indiana, which the Bank had acquired by sheriff's deed in 2006.
- Holland claimed the Steeles failed to maintain the property, causing neighborhood blight and devaluation, and that he performed work and incurred costs.
- The Bank intervened after learning of Holland’s lien claim and asserted ownership interests and counterclaims for trespass and slander of title.
- The trial court granted the Bank summary judgment on the Bank’s counterclaims, declared Holland’s lien invalid, and awarded nominal damages and limited attorney’s fees to the Bank; Holland’s motions for default judgment and relief from judgment were denied.
- The Court of Appeals affirmed, holding there was no abuse of discretion on default or continuance, Holland failed to prove a valid common law lien, and the Bank was entitled to fees on counterclaims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying default judgment | Holland asserts entitlement to default on merits | Bank contends service/ownership issues prevented default | No abuse; denial proper |
| Whether the court abused its discretion granting a continuance for discovery | Bank delay tactic prejudiced Holland | Continuance permitted to address discovery issues | No abuse; discretion proper |
| Whether Holland was entitled to summary judgment on his common law lien | Lien valid for nuisance-abatement costs | Lien lacked basis; nuisance claims improper | Holland not entitled; lien invalid |
| Whether the Bank was entitled to summary judgment on its counterclaims | Bank’s title rights were unaffected; nuisance not proven | Trespass and slander proven; frivolous lien; fees appropriate | Bank entitled to summary judgment on trespass and slander; fees affirmed |
| Whether Holland is entitled to relief from judgment under Trial Rule 60(B) for fraud | Bank engaged in fraudulent conduct | No demonstrable injury; no fraud on court | No relief; no fraud demonstrated |
Key Cases Cited
- Indiana Limestone Co. v. Staggs, 672 N.E.2d 1377 (Ind. Ct. App. 1996) (private nuisance requires special injury; public nuisance context)
- Bedree v. DeGroote, 799 N.E.2d 1167 (Ind. Ct. App. 2003) (default judgments require discretion and proper service)
- Indiana Farmers Mut. Ins. Group v. Blaskie, 727 N.E.2d 13 (Ind. Ct. App. 2000) (cross-motions for summary judgment analyzed separately)
- Isanogel Ctr., Inc. v. Father Flanagan's Boy's Home, Inc., 839 N.E.2d 237 (Ind. Ct. App. 2005) (elements for slander of title; malice and damages)
- KB Home Indiana, Inc. v. Rockville TBD Corp., 928 N.E.2d 297 (Ind. Ct. App. 2010) (trespass elements; possessory status)
- Knowledge A-Z, Inc. v. Sentry Ins., 891 N.E.2d 581 (Ind. Ct. App. 2008) (standard for abuse of discretion in trial rulings)
- AutoXchange.com, Inc. v. Dreyer and Reinbold, Inc., 816 N.E.2d 40 (Ind. Ct. App. 2004) (summary judgment limitations; designation requirement)
- Breining v. Harkness, 872 N.E.2d 155 (Ind. Ct. App. 2007) (attorney’s fees factors discretion)
- Benaugh v. Garner, 876 N.E.2d 344 (Ind. Ct. App. 2007) (criteria for attorney’s fees awards)
- Boczar v. Meridian St. Found., 749 N.E.2d 87 (Ind. Ct. App. 2001) (appellate fee considerations; frivolous appeal)