ILNews

COA reversal: Property manager can’t keep renter’s late fees

Back to TopCommentsE-mailPrintBookmark and Share

A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further proceedings.

Judge Ezra Friedlander wrote for the panel that Marion Superior Judge John Hanley erred in granting a motion to dismiss in Diane S. Brown Bell, on behalf of herself and all others similarly situated v. The Bryant Company, Inc., 49A04-1305-PL-210.

The Bryant Company managed property for Bell, who learned at some point that a renter had occasionally paid $50 late fees to Bryant which the company claimed a right to keep. Friedlander, who wrote for the panel that also included Judges John Baker and Nancy Vaidik, found nothing in the agreement between Bell and Bryant stipulating or refuting Bryant’s claim to the late fees.

“It seems, therefore, that we are left to decide this matter based upon Bell’s assertion and our own common sense. Upon those considerations, we agree with Bell,” Friedlander wrote.

“At a minimum ... the trial court erred in granting Bryant’s motion for judgment on the pleadings with respect to Bell’s claim,” the panel held. The trial court also must weigh whether certification of a class in this case is appropriate under Trial Rule 23.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT