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Monday, August 08, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Karamchand Paul, et al. v. Home Bank S.B. , a 15-page opinion, Judge Baker writes:

Here, we are confronted with whether the integration clause in the guaranty of one loan released and discharged the guaranty of another loan. Additionally, we are asked to determine whether a financial institution is required to advise a client through a commercial transaction or recommend that the client seek legal counsel.

Inasmuch as isolating one paragraph of one document in a multidocument, complex commercial transaction would defeat the intended effect of the loan agreements, we conclude that the guaranty of one loan did not integrate and, consequently, release the guarantors of liability under a different loan. Additionally, we decline to require financial institutions to counsel educated clients through an arm's length commercial transaction or suggest that they seek legal representation.

Appellants-defendants Dr. Karamchand Paul, Dr. Deovrat Singh, and Dr. Ibad Ansari (collectively, “the Appellants”) appeal the trial court's grant of summary judgment in favor of appellee-plaintiff Home Bank, SB (Home Bank) and its denial of summary judgment in their favor. Finding no error, we affirm.

NFP civil opinions today (3):

Brad Curtis and Rhonda Curtis v. The National Insurance Group and Celina Insurance Group (NFP)

Robert Fiedler, et al. v. Indiana Office of Environmental Adjudication (NFP)

B.G. v. J.B. (NFP)

NFP criminal opinions today (6):

Paul Davis v. State of Indiana (NFP)

Leroy H. Hall v. State of Indiana (NFP)

Phillip D. Fairholm v. State of Indiana (NFP)

Joseph Lundy v. State of Indiana (NFP)

Alex Callison v. State of Indiana (NFP)

Jerome Williams v. State of Indiana (NFP)

Posted by Marcia Oddi on August 8, 2011 01:24 PM
Posted to Ind. App.Ct. Decisions