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Judges order proceedings on guarantors’ liability

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The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.

JPMCC held the mortgage on property used by DBL Axel. In 2009, the city and DBL entered into a settlement agreement in which the city agreed to pay DBL to acquire a portion of the property, including a condemnation award of $224,600. DBL filed a complaint against JPMCC requesting a declaratory judgment as to how that money would be applied to its mortgage.

JPMCC learned of the $1,725,600 nuisance award DBL received and filed a 10-count counterclaim against DBL and the loan guarantors. Dearborn Superior Judge Jonathan Cleary ruled in favor of JPMCC on JPMCC’s breach of contract claims; entered judgment for DBL on JPMCC’s tort claims; judgment for the guarantors and against JPMCC on its breach of guaranty claims; and judgment against JPMCC on its request for summary judgment on DBL’s complaint for declaratory judgment.  

The Court of Appeals ruled that JPMCC met its burden of showing that it was entitled to summary judgment on DBL’s complaint for declaratory judgment, and DBL made no showing that a genuine issue of material fact precludes such judgment. Thus, the trial court erred when it denied JPMCC’s motion for summary judgment on DBL’s complaint for declaratory judgment, Judge Edward Najam wrote. The judges reversed and directed the court to enter final judgment for JPMCC on DBL’s complaint.

They also found JPMCC’s designated evidence failed to establish a genuine question of material fact on whether the tort claims were independent of the breach of contract claims. They were not, but even if they were, JPMCC would have no greater remedy against DBL than that which it has already received, Najam continued. The trial court did not err when it granted summary judgment to DBL and against JMPCC on the tort claims.

Finally, the Court of Appeals held that DBL misapplied the first two installments of the nuisance award, which is a condemnation award as a matter of law. DBL disbursed the first two installments to its members, attorneys and another company. It deposited the third installment with the trial court. Pursuant to the plain terms of the guaranty, the guarantors are liable to JPMCC for its losses arising out of DBL’s misapplication of those amounts.

The case goes back to Dearborn Superior Court to determine the amount of the guarantors’ liability to JPMCC.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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