Court of Appeals of Indiana | Memorandum Decision 20A-PL-846 | December 28, 2020 Page 1 of 8

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

James E. Ayers

Wernle, Ristine & Ayers

Crawfordsville, Indiana

ATTORNEY FOR APPELLEE

Bill Green

Crawfordsville, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Anthony Brown and

Mark S. Smith,

Appellants,

v.

Danny Webb,

Appellee

December 28, 2020

Court of Appeals Case No.

20A-PL-846

Appeal from the Montgomery 

Circuit Court

The Honorable Harry A. Siamas, 

Judge

Trial Court Cause No.

54C01-1609-PL-681

Weissmann, Judge.
Court of Appeals of Indiana | Memorandum Decision 20A-PL-846 | December 28, 2020 Page 2 of 8

[1] Danny Webb’s son sold Anthony Brown a Chevrolet Camaro for $16,000, but 

Brown never retitled the vehicle. When police later impounded the Camaro, 

Webb paid the impound fees of $1,745 and returned the vehicle to his son to 

resell. 

[2] Brown appeals the trial court’s entry of judgment against him on his claim that 

Webb intentionally exerted unauthorized control of the Camaro. Finding 

evidence to support the trial court’s conclusion that Webb simply made a 

mistake, we affirm.

[3] We also affirm the trial court’s entry of judgment against Webb on his 

counterclaim for reimbursement of impound fees and repair costs. Finally, we 

affirm the denial of a claim by Brown’s friend Mark Smith for personal property 

damages related to disposal of clothes he left in the Camaro.

Facts

[4] In 2014, Brown purchased a Chevrolet Camaro from Webb’s son for $16,000. 

Thereafter, for various reasons, Brown was unable to title and register the 

vehicle in Indiana. The Camaro therefore remained titled in Ohio in the names 

of Webb and his son. 

[5] A year later, Brown’s friend Mark Smith was caught driving the unregistered 

Camaro, and police impounded the vehicle with Lyon Wrecker Service 

(“Lyon”). Pursuant to Indiana Code § 9-22-6-2, Lyon sent Smith and Webb 

notice of a mechanic’s lien, advising that they could redeem the Camaro by 

paying Lyon’s impound fees or the vehicle would be sold at auction. In 
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response to the notice, Webb contacted Lyon’s owner, Raymond Warren, and 

advised that Webb’s son had sold the Camaro to Brown. Warren, however, 

assured Webb he still could redeem the vehicle because it remained titled in his 

name. Accordingly, Webb paid Lyon’s impound fees of $1,745 and took 

possession of the vehicle in early March 2016.

[6] Webb promptly returned the Camaro to his son, who disposed of its contents. 

According to Smith, the Camaro contained “[p]robably about eight thousand 

dollars” worth of his personal property when the vehicle was impounded. Pl.’s 

Ex. 3, p. 14. The property primarily consisted of Smith’s wardrobe, including 

100 Harley-Davidson t-shirts and 30 Harley-Davidson button-up shirts, which 

Smith valued at $5,250 total. Smith did not provide values for any of his other 

personal property items.

[7] In late March 2016, the Camaro broke down, and Webb incurred over $2,000 

in repair costs. Not long thereafter, Brown’s attorney contacted Webb and 

demanded the Camaro’s return. On March 28, 2016, Brown’s attorney sent 

Webb’s attorney a letter that stated, in pertinent part:

We have been informed that Mr. Webb paid Lyon’s Towing 

$1,745.00, for the tow and impound fee and took the vehicle to 

Ohio.

Mr. Brown is willing to reimburse Mr. Webb for all fees and pay 

a reasonable amount for his time, and effort and for safeguarding 

the vehicle.
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Def.’s Ex. C. The following week, Webb’s attorney left a voicemail message 

with Brown’s attorney, advising that “Webb had incurred other costs besides 

just the . . . towing fees and storage fees.” Tr. pp. 62-63. The two attorneys had 

no further communication until the underlying lawsuit was filed.

[8] In Brown and Smith’s complaint, Brown asserted a replevin claim for Webb’s 

return of the Camaro. Brown and Smith also asserted conversion claims against 

Webb, seeking actual damages, punitive damages, and attorney’s fees under 

Indiana Code § 34-24-3-1. Webb filed a counterclaim against Brown, seeking 

reimbursement of his Camaro-related expenses. Following a bench trial, the 

trial court entered judgment in favor of Brown on his replevin claim and 

ordered Webb to return the Camaro to Brown immediately. On every other 

claim, however, the trial court entered judgment against the complaining party.

Standard of Review

[9] Where a trial court issues findings of fact and conclusions of law under Indiana 

Trial Rule 52(A), we affirm when both the evidence supports the findings and 

the findings support the judgment. Wysocki v. Johnson, 18 N.E.3d 600, 603 (Ind. 

2014). We “shall not set aside the findings or judgment unless [they are] clearly 

erroneous,” and we must give “due regard ... to the opportunity of the trial 

court to judge the credibility of the witnesses.” T.R. 52(A). “Findings of fact are 

clearly erroneous only when they have no factual support in the record, and a 

judgment is clearly erroneous if it applies the wrong legal standard to properly 
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found facts.” Wysocki, 18 N.E.3d at 603-04 (internal citations and quotations 

omitted).

Discussion and Decision

I. Brown’s Conversion Claim

[10] Brown challenges the trial court’s conclusion that he failed to prove Webb had 

the requisite intent to commit criminal conversion under Indiana Code § 35-43-

4-3. That statute provides: “A person who knowingly or intentionally exerts 

unauthorized control over property of another person commits criminal 

conversion. . . .” Id. To establish the intent element of the crime, “a plaintiff 

must show the defendant was aware of a high probability his control over the 

plaintiff’s property was unauthorized.” JET Credit Union v. Loudermilk, 879 

N.E.2d 594, 597 (Ind. Ct. App. 2008).

[11] The trial court concluded Webb was not aware of a high probability that his

control over Brown’s Camaro was unauthorized because “Webb was under the 

mistaken belief that he legally could obtain possession of the Camaro from 

Lyon . . . by paying the [impound] fees.” J. ¶ 3. This conclusion is supported by 

the trial court’s undisputed findings. Specifically, the trial court found that Lyon 

sent Webb written notice that he could take possession of the Camaro by 

paying the impound fees. The trial court also found that, after Webb disclosed 

to Warren that Webb’s son had sold the Camaro to Brown, Warren assured 

Webb he still could redeem the vehicle by paying the impound fees because the 

title remained in Webb’s name. 
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[12] Much of Brown’s argument on appeal is that Webb lacked a good faith basis for 

withholding the Camaro until Brown reimbursed Webb for his expenses. 

However, in his letter to Webb’s attorney, Brown’s attorney stated Brown was 

willing to reimburse Webb for the impound fees—lending credence to Webb’s 

demand for reimbursement. Yet Brown’s attorney did not respond when 

Webb’s attorney contacted him to discuss the matter further. On these facts, we 

do not find Webb’s request for reimbursement to have been in bad faith.

[13] Ultimately, the trial court determined Webb was credible in his testimony that 

he believed his possession of the Camaro was authorized. As we defer to the 

trial court’s findings on such issues, Brown’s appeal is nothing more than a 

request for us to reweigh the evidence, which we cannot do. See Auto Liquidation

Ctr., Inc. v. Chaca, 47 N.E.3d 650, 655 (Ind. Ct. App. 2015). Finding no clear 

error in the trial court’s conclusion as to Webb’s intent, we affirm the court’s 

judgment in favor of Webb and against Brown on Brown’s conversion claim.

II. Smith’s Conversion Claim 

[14] Smith argues that the trial court erred in failing to award Smith both nominal 

and punitive damages on his claim that Webb converted Smith’s shirts and the 

other personal property Smith allegedly left in the Camaro. But “a judgment

will not be overturned for failure to award nominal damages,” and “a party

must establish actual damages in order to recover punitive damages.” Large v. 

Gregory, 417 N.E.2d 1160, 1165 (Ind. Ct. App. 1981). Smith does not challenge 

the trial court’s conclusion that he failed to prove actual damages. He therefore 
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has waived the issue. See French v. State, 778 N.E.2d 816, 826 (Ind. 2002)

(holding appellant waived issue by not raising it in his appellant’s brief).

[15] Waiver notwithstanding, the trial court’s conclusion is not clearly erroneous. 

The only evidence Smith presented of his actual damages was Smith’s

testimony that he “probably” lost $8,000 worth of personal property, including

more than $5,000 in used shirts. The trial court was within its discretion in 

finding this speculative and self-serving testimony “not credible.” J. ¶ 4. See

T.R. 52(A); see also Best v. Best, 941 N.E.2d 499, 502 (Ind. 2011) (“Appellate 

judges are not to reweigh the evidence nor reassess witness credibility.”).

Without actual damages, Smith’s claim for punitive damages fails. See Large, 

417 N.E.2d at 1165. We therefore affirm the trial court’s judgment in favor of 

Webb and against Smith on Smith’s conversion claim.

III. Webb’s Reimbursement Claim

[16] Webb seemingly asserts a cross-appeal in his Appellee’s Brief, stating he 

“should be allowed to recoup” the expenses he incurred in connection with the 

Camaro. Appellee’s Br. 22. Webb goes on to generally cite—without 

explanation or analysis—Kahle v. Crown Oil Co., 180 Ind. 131, 100 N.E. 681 

(1913), and Am. Sand & Gravel Co. v. Spencer, 55 Ind. App. 523, 103 N.E. 426 

(1913). To the extent Webb suggests this case law entitles him to relief, he
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waived the issue by failing to develop a cogent argument.1 See Ind. Appellate 

Rule 46(A)(8)(a) (The argument section of an appellant’s brief “must contain

the contentions of the appellant on the issues presented, supported by cogent 

reasoning.”). We therefore affirm the trial court’s judgment against Webb on 

his claim for reimbursement.

[17] The judgment of the trial court is affirmed.

Bailey, J., and Vaidik, J., concur.

1 The cases concern the measure of damages when an innocent trespasser converts mineral substances from 

another’s land, thereby increasing their value. Kahle, 100 N.E. at 687-88; Am. Sand & Gravel Co., 103 N.E. at 

428. We fail to see how this might apply to Webb’s claim for reimbursement.