« Ind. Decisions - "Don Marsh wins $2.17M in supermarket counter-claim" | Main | Ind. Law - More on new expungement law and the value of waiting »

Thursday, August 01, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

NFP civil opinions today (0):

In Luxury Townhomes, LLC/LP XXIV, LLC, et al. v. McKinley Properties, Inc. and Kenneth Polsinelli, a 15-page opinion, Judge Bradford writes:

This case arises from a foreclosure action and concerns about the court-appointed receiver’s maintenance of the collateral during the proceedings. Plaintiff PNC Bank1 (“PNC”) filed foreclosure proceedings against Appellants-Defendants Luxury Townhomes, LLC and LP XXIV, LLC (collectively, “Luxury”) after Luxury failed to make scheduled payments as set forth in the relevant mortgage documents. PNC requested that a receiver be appointed to oversee the collateral during the pendency of the foreclosure proceedings. The trial court subsequently appointed Appellee-Non-party Kenneth Polsinelli of McKinley Properties, Inc. (“McKinley”) as receiver.

Luxury and PNC eventually settled and jointly moved to dismiss the foreclosure proceedings. Shortly thereafter, Polsinelli, acting in his capacity as receiver, filed his final report concerning the receivership estate. Luxury objected to the report and requested permission to assert claims against Polsinelli and McKinley. The parties requested an evidentiary hearing. Following the conclusion of the evidentiary hearing, the trial court accepted Polsinelli’s final report, discharged Polsinelli, and closed the receivership estate. Luxury’s subsequently filed motion to correct error was denied by the trial court. On appeal, the parties raise numerous issues, one of which we find dispositive. Concluding that the subsequent claims which Luxury seeks to bring against Polsinelli or McKinley are barred by the doctrine of res judicata, we affirm the trial court’s order denying Luxury’s motion to correct error.

NFP criminal opinions today (2):

Keith Ellis v. State of Indiana (NFP)

Donald R. Green v. State of Indiana (NFP)

Posted by Marcia Oddi on August 1, 2013 11:39 AM
Posted to Ind. App.Ct. Decisions