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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.