Justices vacate transfer in third appeal of Fort Wayne foreclosure case

The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.

In an order filed Wednesday, the justices vacated transfer to Wells Fargo Bank, N.A. v. Neal A. Summers, et al., 02S04-1302-CP-90, a case they accepted Jan. 31. But after hearing arguments and discussing the case, the court decided not to assume jurisdiction.

The justices couldn’t conclude that the Indiana Court of Appeals in the appeal abused its discretion in applying the doctrine of law of the case. The Court of Appeals initially dismissed the appeal, finding Wells Fargo failed to timely file its notice of appeal, but later affirmed most of the $627,000 judgment in favor of Summers. The appellate court ordered a recalculation of a judgment based on Summers’ restaurant’s earnings.


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