Opinions October 31, 2025
Indiana Court of Appeals
Treyburn Lakes Homeowners Association, Inc. v. Solomon L. Scott, et al.
25A-CC-646
Civil collections. Reverses the Marion Superior Court’s order where the court refused to include the Treyburn Lakes Homeowners Association, Inc.’s prior attorney fees in the foreclosure decree against Solomon Scott and reduced the association’s request for attorney fees in the foreclosure action itself from $5,754 to $1,424 without conducting a hearing. Finds the trial court abused its discretion by excluding from the foreclosure judgment the amounts for attorney fees and costs awarded in prior judgments that were secured by the association’s lien that was being foreclosed. Also finds the trial court also abused its discretion when it awarded only 20% of the association’s attorney fees and costs associated with the current foreclosure proceeding without conducting a hearing. Remands with instructions for the trial court to: (include unpaid attorney-fee and costs awards from prior judgments in the foreclosure decree and conduct a hearing at which the parties may present evidence about the reasonableness of the attorney fees requested by the association for this foreclosure proceeding. Attorney for appellant: Zachary Cronkhite. No attorney listed for appellee.
