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Court affirms judgment with minor recalculation in decade-long dispute

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The Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on the restaurant’s earnings.

In Wells Fargo Bank, N.A., Successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al. 02A04-1103-CP-112, the Court of Appeals remanded to the trial court of revise the amount due to Paula Phillips, who obtained the property housing Paula’s on Main at a tax sale after former owner Neal Summers and mortgagors failed to make property tax payments.

The COA in a 35-page ruling granted Wells Fargo’s request for rehearing, but sided with the former mortgagor on only one of its claims – that the trial court miscalculated the amount the judgment should have been offset by profits the operation earned.  

“Wells Fargo’s counsel stated ‘if they set off the profit against their debt that they did at accounting of every year or in January the close of the year, . . . they would have off set the amount so that the interest didn’t grow as rapidly,’” Judge Elaine Brown wrote for the unanimous panel. “We cannot say that Wells Fargo waived this issue, and agree with its position.
 
“On remand, we order the court to consider on an annual basis the amount by which Phillips’s lien would have been reduced by the profits and instruct the trial court to offset the loss in the first year against the profit in the second year and to offset the loss in the final year against the profit of the preceding year.”

 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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