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Parrish v. Terre Haute Savings Bank

Citations: 438 N.E.2d 1; 1982 Ind. App. LEXIS 1329Docket: 1-181A31

Court: Indiana Court of Appeals; July 26, 1982; Indiana; State Appellate Court

Narrative Opinion Summary

In a case before the Court of Appeals of Indiana, the appellants-defendants contested a prior ruling regarding their liability on a $75,000 promissory note and the associated attorney fees awarded to the appellee-plaintiff, Terre Haute Savings Bank. The court upheld the shareholders' liability but reversed the award of trial attorney fees due to insufficient evidence of reasonableness, mandating a jury trial on remand to reassess the fees unless both parties agree otherwise. The Bank's request for appellate attorney fees was granted, amounting to $9,184.88, as it was well-documented and uncontested by the appellants. However, the court declined to revisit other aspects of the initial decision, and a dissenting opinion argued that appellate fees should be determined by the trial court post-appeal. While the majority found contractual provisions to potentially include appellate fees, the dissent cited Indiana precedent that such fees should not be assumed without explicit provision. The decision reflects the nuanced interpretation of contractual fee agreements and underscores procedural safeguards in determining reasonable fee awards.

Legal Issues Addressed

Awarding of Appellate Attorney Fees

Application: The court awarded appellate attorney fees to the Bank, supported by detailed documentation and without objection from the appellants.

Reasoning: The Bank claims appellate attorney fees of $9,184.88, supported by detailed time sheets and affidavits asserting the fees' reasonableness.

Indiana Law on Attorney Fees

Application: Attorney fees are recoverable when stipulated by statute or contract, with case law supporting recovery for both trial and appellate fees.

Reasoning: Indiana law permits attorney fees when stipulated by statute or contract. Case law indicates that provisions for 'reasonable attorneys fees' encompass fees incurred during appeals, as confirmed in Templeton v. Sam Klain, Son, Inc.

Judicial Interpretation of Contractual Fee Provisions

Application: The dissent argued against the inclusion of appellate fees under contractual provisions without explicit evidence, citing prior case law.

Reasoning: The dissent argues against the court's determination of appellate fees, asserting that such matters should be addressed by the trial court after a comprehensive hearing, as local courts are better equipped to assess the reasonable value of attorney services.

Liability of Shareholders on Promissory Notes

Application: The Court of Appeals of Indiana affirmed the finding of certain shareholders' liability on a promissory note.

Reasoning: The Court of Appeals of Indiana affirmed the finding of certain shareholders' liability but reversed the award of trial attorney fees, citing insufficient evidence to establish their reasonableness.

Procedure on Remand for Attorney Fees

Application: A new jury must be empaneled, unless both parties agree otherwise, to determine reasonable attorney fees on remand.

Reasoning: A party entitled to a jury trial, upon demand, will have their request granted unless both parties agree to waive it. Appellants-shareholders have requested a jury trial, which remains valid despite the case being remanded.

Reasonableness of Attorney Fees

Application: The court reversed the award of trial attorney fees due to insufficient evidence to establish their reasonableness.

Reasoning: The ruling emphasized that evidence provided did not sufficiently demonstrate the reasonableness of the fees, as merely stating total fees without context does not satisfy the requirement.