ILNews

COA: findings don't support attorney fees

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't support the judgment.

In Indiana High School Athletic Association Inc. v. Gregory S. Schafer and Shane Schafer, No. 37A03-0811-CV-560, the appellate court considered the award of attorney fees to the Schafers from a 1991 case in which Shane Schafer appealed the IHSAA's decision he was ineligible to play basketball during the 1991-1992 school year. Schafer became ill during his junior year in 1990 and withdrew from school shortly after the end of the regular basketball season in 1991. His high school allowed him to repeat his entire junior year in the fall 1991. He asked the IHSAA to not count the 1990-1991 school year against him, which the organization denied. The trial court eventually granted Schafer's motion for declaratory judgment on the constitutionality of the rules IHSAA applied to him and enjoined the IHSAA from ruling him ineligible or punishing his high school. The trial court concluded the IHSAA rules were overly broad, arbitrary, and capricious.

The trial court granted Shafer's request for attorney fees on the grounds that during the declaratory judgment period the IHSAA continued to litigate a defense that was frivolous, unreasonable, and capricious.

The appellate court determined that the record before it didn't allow it to uphold Shafer's award of attorney fees because the trial court's findings of fact don't support such a conclusion, wrote Judge Melissa May. The judges declined to hold the litigation as necessarily frivolous or unreasonable just because an administrative rule that is the subject of the litigation is eventually determined to be arbitrary, capricious, or unconstitutional, she wrote.

"We are unable to affirm the award of attorney fees because the trial court's findings do not support its judgment. But our result on that narrow ground must not be interpreted to condone IHSAA's actions ..." the judge continued.

The appellate court has disapproved of similar litigation tactics employed in the past by the IHSAA, with the judge citing Indiana High School Athletic Association v. Vasario, 726 N.E.2d 325, 335 (Ind. Ct. App. 2000), and now-Chief Judge John Baker's dissent from that case.

"The case before us raises the same concerns that the IHSAA is trying 'to send a message to parents and student athletes in Indiana about the great risk and expense involved in challenging a ruling, and thus discourage them from appealing a denial of eligibility,'" Judge May wrote regarding the instant case.

The Court of Appeals remanded so the trial court could further consider and explain its judgment with regard to its conclusion on the attorney fee issue.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT