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Couple not a 'successful party' in settlement

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Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."

In Francisco and Alisa Delgado v. Peter Boyles, et al., No. 64A04-0911-CV-657, the Delgados appealed the denial of their request for attorney fees following a settlement on a failed real estate transaction with Peter Boyles. They claimed per the provisions of their vacant land purchase agreement, they were the "successful party" under the terms of the agreement and should be able to recoup attorney fees.

As part of the agreement, it said "If either party sues the other to collect said damages, the unsuccessful party shall be obligated to pay the successful party's reasonable costs and attorney fees as part of any judgment recovered ..."

The Delgados failed to secure financing to purchase the land, so they sought the return of their $5,000 earnest money and attorney fees. Boyles counterclaimed for more than $30,000 in damages and attorney fees per the agreement.

A settlement was reached returning the $5,000 to the Delgados, with the parties submitting briefs on attorney fees. The trial court concluded that because there was no judgment recovered in the case, there was no prevailing party, so no attorney fees could be awarded under the agreement.

There isn't a case addressing the application of a contractual characterization of a "successful party" to an award of attorney fees, but Indiana has repeatedly ruled on the issue regarding the prevailing party. The prevailing party in the context of attorney fees is the one who successfully prosecutes his or claim or asserts his defense, so there is no difference in the meaning of the two terms.

Relying on Daffron v. Snyder, 854 N.E.2d 52, 53 (Ind. Ct. App. 2006), and Reuille v. E.E. Brandenberger Construction Inc., 888 N.E.2d 770 (Ind. 2008), the Court of Appeals affirmed the lower court's decision that the Delgados can't be considered the prevailing party under the vacant land purchase agreement. The Delgados' land agreement didn't define what constituted a successful party.

"Moreover, in the absence of a contractual definition of prevailing or successful party and a trial on the merits, as in Reuille, we conclude that litigation which is resolved by mediation or private settlement cannot result in a winner or loser," wrote Judge Patricia Riley.

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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