ILNews

Court remands to recalculate attorneys' fees

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The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.

In Jackie Fortner v. Farm Valley-Applewood Apartments, No. 20A03-0806-CV-314, the appellate court affirmed the eviction of Jackie Fortner from the federally subsidized apartment complex after Farm Valley-Applewood Apartments determined Fortner had forged documents to show she was receiving less child support and income than she actually had.

As per terms of the lease Fortner signed, if the apartment complex found out she failed to report her accurate income and benefits, it was able to initiate a notice of termination and request she repay any amount she wasn't entitled to receive. As a result of the forged documents, she paid $250 less a month in rent than she should have paid.

Fortner appealed her eviction and damages award entered against her, claiming there was a lack of notice and there were inadequate grievance procedures in place. However, grievance procedures don't apply to Fortner's situation because her lease violation resulted in termination of her tenancy and eviction, wrote Chief Judge John Baker. The notice to vacate also complied with due process procedures, the chief judge ruled, because representatives from the federal program subsidizing the apartment complex found no evidence Fortner was harassed or discriminated against.

There was sufficient evidence to show Fortner forged documents to show her income to be less than it actually was, which supports her eviction and the finding of damages in the amount of back rent and damages to the apartment.

Farm-Valley appealed the trial court entry of judgment of $4,000 in favor of the apartment complex against Fortner, which also included the attorneys' fees the apartment complex was entitled to receive. Farm-Valley argued the trial court improperly reduced the amount of its requested attorneys' fees by nearly $3,000. The trial court's rationale in limiting the award to $4,000 total, plus costs, was because Farm-Valley had filed its claim for judgment of $4,000.

But the appellate court couldn't agree with the trial court's rationale after viewing the record because the court actually had jurisdiction to enter an award up to $6,000 because it was heard in Small Claims Court, wrote Chief Judge Baker. The appellate court remanded for the court to conduct a hearing to determine the reasonableness of the fees and to award such fees in an amount not to exceed $3,335.04. This represents the difference between the small claims jurisdiction limit and the damage award of $2,664.96.

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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