Attorneys for Appellee
Edward L. Murphy, Jr.
Stefanie R. Crawford
Miller, Carson, Boxberger & Murphy LLP
Fort Wayne, IN
Appellant (Defendant below ),
JESSAH MARTIN Appellee (Plaintiff below ).
) Supreme Court No.
) Court of Appeals No.
On February 8, 2000, Martin filed a Verified Motion for Attorneys Fees in
an attempt to recover fees incurred in connection with her earlier Contempt Petition.
On February 25, 2000, Martin filed a Verified Supplemental Motion for Attorneys
Fees, further requesting an award of fees she incurred in connection with her
original fee petition. The trial court co
nducted a hearing on the fee
petitions on March 3, 2000, announcing a judgment for fees incurred in connection
with the contempt petition on March 3, 2000.
The Court of Appeals affirmed the judgment of the trial court with Judge Vaidik dissenting. See Indiana High School Athletic Assn, Inc. v. Martin, 741 N.E.2d 775 (Ind. Ct. App. 2000), transf. granted, 753 N.E.2d 18 (Ind. 2001)(table).
In their submissions to this court, both parties assume Martins entitlement to attorney
fees to be conditioned on the validity of the trial courts contempt finding.
Because we hold that the trial court erred in holding the IHSAA
in contempt in the companion case decided today, the trial court erred in
awarding Martin attorney fees.
Having granted transfer pursuant to Indiana Appellate Procedure Rule 58 (A), thereby vacating the opinion of the Court of Appeals, we now reverse and vacate the trial court's order awarding Martin attorney fees.
SHEPARD, C.J., and DICKSON, BOEHM, and RUCKER, JJ., concur.