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Trouble with the Curves: Ex-husband still owes for franchise’s default

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A couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment on rent payments for a health club that his former wife continued to run.

Lori and Dan Cole ran a Curves for Women franchise in Angola and rented space from the Flying Cat, LLC, beginning in 2001. They separated in 2005 and filed for divorce in 2007.

The Curves franchise owed back rent of $21,641 when Lori Cole signed an option to renew the lease in 2008. By 2010 the landlord was owed $44,647. Flying Cat sued and the Steuben Circuit Court ruled that Dan was liable for amounts due and unpaid through 2010.

The Court of Appeals affirmed Tuesday in Curves for Women Angola An Indiana Partnership, Dan Cole, and Lori Cole v. Flying Cat, LLC, 76A04-1206-PL-312. The court rejected arguments that Dan Cole was no longer in partnership with his ex-wife and that he was not liable under lease extensions signed by his ex-wife in the name of the partnership through which the franchise originally leased the space.

“Even after a partnership has been dissolved, a partner may still bind the partnership by engaging in a transaction that would bind the partnership had it not been dissolved, if the other party to the transaction had known of the partnership prior to dissolution but had no knowledge or notice of the dissolution because ‘the fact of dissolution had not been advertised in a newspaper of general circulation in the place … the partnership business was regularly carried on,” Judge Paul Mathias noted, citing I.C. § 23-4-3-35(1)(b)(II).




 

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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

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  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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