Opinions Jan. 26, 2018

January 26, 2018

Indiana Court of Appeals
Robert A. McAdams, Quinn Whitney and Vonda Whitney v. Foxcliff Estates Community Association, Inc.; Foxcliff Estates Community Association, Inc. v. Paul Harnishveger, Mary Harnishveger, et al.

Civil plenary. Affirms the entry of summary judgment in favor of Foxcliff Estates Community Association, Inc. Finds Robert A. McAdams and Quinn and Vonda Whitney did not meet their burden to establish that an exculpatory clause in the subdivision’s covenants and restrictions was unenforceable.

In Re the Patricia J. McCallister Living Trust: Lee McCallister v. Ross W. McCallister (mem. dec.)
Trust. Affirms the involuntary dismissal of Lee McCallister’s petitions for reinstatement as co-trustee of Patricia McCallister’s trust and for Ross McCallister’s removal as sole successor trustee, and the grant of $144,909.05 in attorney fees to Ross. Denies Ross’ request for appellate attorney fees.  Finds the evidence does not establish that Patricia lacked the mental capacity to appoint Ross as sole trustee, but does support the conclusion that Ross acted in good faith and did not take advantage of the position of trust. Also finds the Delaware Circuit Court did not err in the award of attorney fees to Ross.