Law firm not entitled to summary judgment on complaint seeking payment

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Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.

In Ruben Pazmino v. Bose McKinney & Evans, LLP, 49A02-1206-CC-499, Bose McKinney & Evans LLP did legal work for Buena Vista Realty Group LLC from February through July 2008 at the request of Ruben Pazmino. The company was administratively dissolved on April 24, 2008. Bose was never paid for its work and filed a lawsuit against Buena Vista and against Pazmino for the services it performed after Buena Vista was dissolved.

Both Pazmino and the firm moved for summary judgment. The trial court entered judgment in favor of Bose and ordered Pazmino to pay total judgment of $11,174.20. On appeal, Pazmino claimed he was only an employee of Buena Vista and not personally liable for the LLC’s obligations. Bose, on the other hand, is trying to hold Pazmino responsible for his own act of personally requesting services after Buena Vista dissolved.

Neither Bose nor Pazmino established as a matter of law that either party was entitled to summary judgment, as Bose hasn’t shown Pazmino secured its services on his own behalf and Pazmino hasn’t shown that he was just an employee and not an interested party in Buena Vista.

The Court of Appeals went on to address additional legal arguments raised by Bose: that Pazmino is personally liable for requesting services not associated with winding up the LLC and that Pazmino was not statutorily authorized to wind up or bind Buena Vista post-dissolution.

The judges held that regardless of the nature of the work performed by Bose, Buena Vista continued to exist as a principal that could be bound by the acts of its agents. They also believed that the reference to personal liability of members in Indiana Code 23-18-9-3(b)(2) is intended to clarify that, even upon dissolution, an LLC, not its members, remains responsible for the LLC’s obligations.

“Thus, where Pazmino acted within the scope of the authority conferred by Buena Vista, Bose’s remedy is with Buena Vista, not Pazmino,” Judge Michael Barnes wrote.

The case is remanded for further proceedings.



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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.

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