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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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