# W & W Equipment Co., Inc. v. Mink

> Indiana Court of Appeals · March 18, 1991 · 568 N.E.2d 564

URL: https://www.frixlaw.com/law-library/cases/9715961

## Case

- **Full name:** W & W EQUIPMENT CO., INC., Frank D. Wraight, Albert B. Winter, and James M. Secrest, Defendants-Appellants, v. Donald W. MINK, Plaintiff-Appellee
- **Court:** Indiana Court of Appeals
- **Decided:** March 18, 1991
- **Citations:** 568 N.E.2d 564; 1991 Ind. App. LEXIS 401; 1991 WL 37123
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Baker, Ratliff, Miller
- **Cited by:** 92 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9715961

## Opinion text

MILLER, Presiding Judge,
concurring.
I concur with the majority opinion. However, I note this is a case where findings of fact were requested and made pursuant to Trial Rule 52(B). In such a case, and where the findings are challenged as incomplete, we determine whether the findings support the judgment. Thus, it might seem strange to a reader of the majority opinion-at first blush-to see the majority depart from this standard of review and ignore the trial court's findings of fact when it discusses the court's award of $420,000. However, I further observe this deviation is simply because the appellants, in their briefs, attack the damage award as not being within the scope of the evidence.
Because appellants' argument on this issue was based on the evidence presented at trial, the majority responded by point ing out that appellants' interpretation of the evidence was not binding and other evidence presented at trial supported the trial court's judgment.
On appeal, we are only required to respond to the arguments raised and have done so in this case. Thus, we need not address the more narrow issue, not argued here, that the basic findings of the court-without regard to the evidence presented at trial-do not support the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9715961. Public record. Not legal advice.