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Indiana Court of Appeals
Denitra Jones v. Full Spectrum Property Management
No. 25A-EV-532

Civil. Appeal from the Madison Circuit Court, Magistrate Kevin M. Eads. Reverses the trial court’s order granting possession of rental property to Full Spectrum Property Management and awarding damages, attorney fees, and costs, and remands with instructions to reinstate Jones’ counterclaim. Holds the landlord failed to carry its burden of proof on its breach-of-contract and possession claims and that the trial court improperly shifted the burden to Jones by relying on her equivocal testimony rather than requiring the landlord to present evidence of lease terms, arrearage calculations, and statutory notice of termination. Further holds the conduct of the possession hearing denied Jones due process of law where the proceeding began under the assumption the landlord was entitled to possession, Jones was not afforded a meaningful opportunity to present defenses — including habitability and notice arguments — and no landlord representative testified. Concludes the trial court erred by prospectively declaring Jones’ personal property abandoned and disposable before she vacated the premises. Further concludes the trial court mishandled Jones’ counterclaim by questioning its validity, failing to follow small claims procedures regarding service, and effectively dismissing it without a meaningful hearing. Appellant’s attorneys: Megan Stuart; Jennifer W. Terry; Renee Skeete. Appellee: No appellee’s brief filed.

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Indiana Court of Appeals
Ilene Breuning and Christine Morgan, as Co-Trustees of the Willi Breuning and Ilene Breuning Living Trust Agreement v. Tim W. Breuning
No. 25A-TR-1491

Civil. Interlocutory appeal from the Allen Superior Court, Judge Jennifer L. DeGroote. Reverses the trial court’s grant of summary judgment in favor of trust beneficiary Tim W. Breuning and remands with instructions to enter summary judgment for co-trustees Ilene Breuning and Christine Morgan. Holds that Section 1.2 of the unambiguous trust agreement preserved the tenancy-by-the-entireties character of real property transferred into the trust and retained for the surviving settlor all rights, privileges and obligations as if the property were held free of the trust until the deaths of both settlors. Concludes that, upon Willi Breuning’s death, title to the property vested in Ilene Breuning by operation of law through survivorship, and that this specific provision controls over the general distribution provision in Section 5.1 governing the remaining trust estate. Determines the trial court erred by treating the property as part of the residuary trust estate subject to equal distribution. Appellants’ attorneys: Stephen J. Harants. Appellee’s attorney: Kent C. Litchin.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.