Oct. 22, 2026
Indiana Court of Appeals
No. 26A-PL-935
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.
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