Oct. 22, 2026

Appeal from the Madison Circuit Court, Magistrate Jason Childers. The court reversed the trial court’s order that had denied Pierce’s motion for summary judgment and granted summary judgment for the City of Elwood regarding sewer fees. The court found that the city lacked the authority to charge Pierce for sewer fees as the property was not connected to the sewer system and did not produce sewage. Additionally, the court determined that Pierce’s claims were not barred under the Indiana Tort Claims Act, as they did not constitute tort claims but were rather challenges to the legality of the fees based on statutory authority. Judge Bailey authored the opinion, with Judges Bradford and Altice concurring. Attorney for appellant: Daniel K. Burke, DKB Legal LLC, Carmel. Attorneys for appellee: Crystal G. Rowe, R. Jeffrey Lowe, Kightlinger & Gray LLP, New Albany; Matthew J. Goldsmith, Kightlinger & Gray LLP, Indianapolis.

David Lee Morgan v. NextGear Capital, Inc.

David Lee Morgan, pro se, appeals the trial court’s order granting NextGear Capital Inc.’s motion for summary judgment on its breach of guaranty claim. The court found no genuine issues of material fact regarding Morgan’s liability for dealer’s debt, but Morgan raised a substantial issue concerning the commercial reasonableness of NextGear’s disposition of the collateral. The appellate court determined that there was indeed a genuine issue of material fact about whether the collateral was disposed of in a commercially reasonable manner, leading to a reversal and remand for further proceedings. Judge Bailey authored the opinion, with Judges Bradford and Altice concurring. Appellant pro se: David Lee Morgan, Chuckey, Tennessee. Appellee attorneys: David J. Jurkiewicz, Nathan T. Danielson, Seema R. Shah, Bose McKinney & Evans LLP, Indianapolis.