Indiana High School Athletic Association, Inc. v. Jessah Martin ( 2002 )

Attorney for Appellant
Robert M. Baker III
Johnson, Smith, Pence, & Heath LLP
Indianapolis, IN
Attorneys for Appellee
Edward L. Murphy, Jr.
Stefanie R. Crawford
Miller, Carson, Boxberger & Murphy LLP
Fort Wayne, IN
IN THE
INDIANA SUPREME COURT
INDIANA HIGH SCHOOL ATHLETIC ASSOCIATION, INC.,
Appellant (Defendant below),
v.
JESSAH MARTIN
Appellee (Plaintiff below).
)
) Supreme Court No.
) 02S05-0106-CV-311
)
) Court of Appeals No.
) 02A05-0005-CV-178
)
)
)
APPEAL FROM THE ALLEN COUNTY SUPERIOR COURT
The Honorable Nancy Eshcoff Boyer, Special Judge
Cause No. 02D01-9911-CP-1980
ON PETITION TO TRANSFER
April 10, 2002
SULLIVAN, Justice.
This appeal arises from the issuance of a preliminary injunction
against the Indiana High School Athletic Association (“IHSAA”) and in favor
of Jessah Martin (“Martin”). For more background, see our companion
decision, Indiana High School Athletic Ass’n, Inc. v. Martin, No. 02S03-
0106-CV-312 (Ind. April 10, 2002), also decided today.
On February 8, 2000, Martin filed a Verified Motion for Attorney’s
Fees in an attempt to recover fees incurred in connection with her earlier
Contempt Petition.[1] On February 25, 2000, Martin filed a Verified
Supplemental Motion for Attorney’s Fees, further requesting an award of
fees she incurred in connection with her original fee petition. The trial
court conducted 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 Ass’n, 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 Martin’s
entitlement to attorney fees to be conditioned on the validity of the trial
court’s 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.
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[1] On January 21, 2000, the trial court found IHSAA in contempt of
court and assessed a $500.00 per day fee.