Opinion
24A-SC-269
06-28-2024
Cheyenne Nicole Terry and Michael Terry, Jr., Appellant-Defendants v. Kimberly Brooks and Larry Scott Brooks, Appellee-Plaintiffs
ATTORNEY FOR APPELLANT Glen E. Koch II Boren, Oliver & Coffey, LLP Martinsville, Indiana
Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case.
Appeal from the Morgan Superior Court The Honorable Sara Dungan, Judge The Honorable Terry Iacoli, Magistrate Trial Court Cause No. 55D03-2309-SC-577
ATTORNEY FOR APPELLANT
Glen E. Koch II Boren, Oliver & Coffey, LLP Martinsville, Indiana
MEMORANDUM DECISION
PYLE, JUDGE
[¶1] Michael ("Michael") and Cheyenne ("Cheyenne") Terry (collectively, "the Terrys") appeal, following a bench trial, a judgment in favor of Larry ("Larry") and Kimberly ("Kimberly") Brooks (collectively, "the Brooks"). The Terrys argue that there is insufficient evidence to support the judgment. The dispute involves: (1) a $1,500 boat purchased by the Terrys and the Brooks, with $750 coming from each party; and (2) a $5,000 loan from the Brooks to the Terrys with a $500 fee if it was not repaid within two months.
[¶2] The small claims court found in favor of the Brooks regarding repayment of the $5,500 loan and the late repayment fee, for a total of $5,500. However, because the boat was titled in Larry's name, the small claims court reduced the $5,500 judgment by $750 - the Terrys' half of the boat cost - for a $4,750 judgment in favor of the Brooks.
[¶3] At the outset, we note that the Brooks have not filed an appellee's brief. In such cases, we do not undertake the burden of developing an argument for the appellee, and we will reverse the judgment if the appellant presents a case of prima facie error, which is an error at first sight, on first appearance, or on the face of it. DECA Fin. Servs., LLC v. Gray, 12 N.E.3d 897, 899 (Ind.Ct.App. 2014).
[¶4] The Terrys argue on appeal that there is insufficient evidence of a $5,000 loan from the Brooks to the Terrys. However, at the bench trial, the Brooks testified that they gave the Terrys a $5,000 loan to purchase a truck. Specifically, Larry testified that he had taken out $7,000 from his bank account and gave $5,000 of that money to the Terrys. In addition, Larry admitted evidence showing the bank withdrawal. The Terrys, on the other hand, testified that they never received this money and that they purchased the truck with financing and no cash down payment. They argued at the bench trial and on appeal that the absence of the $5,000 payment towards the truck proves that they never received a $5,000 loan from the Brooks. However, the small claims court heard the parties' testimony at the bench trial and weighed it accordingly. Specifically, the trial court gave more weight to the Brooks' testimony that they had loaned $5,000 to the Terrys. The Terrys' arguments on appeal are a request to reweigh the evidence, which we will not do. See Heartland Crossing Found., Inc. v. Dotlich, 976 N.E.2d 760, 762 (Ind.Ct.App. 2012). We find no prima facie error, and, accordingly, affirm the judgment of the small claims court.
[¶5] Affirmed.
May, J., and Brown, J., concur.