State of Indiana

05/20/2022 | Press release | Distributed by Public on 05/19/2022 22:07

[APPEALS] Clarence L. White, et al v. Krys Szalasny

This Traveling Oral Argument will not be webcast live because it will not take place in the Court of Appeals Courtroom. Video of the event will become available within about one week after the hearing. See Oral Arguments Online for video.

This case arises out of a residential lease between Krys Szalasny ("Landlord") and Denzel Lewis, Folabi Oshinubi and Clarence White ("Tenants"). In February 2020, Landlord sued Tenants for breach of contract. Tenants countersued, alleging violation of Indiana's Security Deposit Statute (ISDS) and breach of contract. Ultimately, Landlord voluntarily dismissed his breach-of-contract claim and stipulated to liability on Tenants' ISDS and breach-of-contract claims. Tenants then moved for attorney's fees under the ISDS. The trial court granted attorney's fees for work done up until the date of Landlord's stipulation, but denied attorney's fees for work done after the stipulation, which consisted of work to calculate and recover attorney's fees. Tenants now appeal the issue of attorney's fees.

The scheduled panelists are Judge May, Judge Vaidik, and Judge Mathias.