Wednesday, September 25, 2013
Ind. Decisions - "Sheriff’s sale will end legal fight for Paula’s"
Although on May 31st the Supreme Court heard oral argument in the case of Wells Fargo Bank, N.A. v. Neal A. Summers, et al., a week later the Supreme Court issued an order vacating its grant of transfer and reinstating the Court of Appeals opinion, ending the appeal.
Today Rebecca S. Greene of the Fort Wayne Journal Gazette reports on what comes next for Paula's Diner. Although the headline is "Sheriff’s sale will end legal fight for Paula’s," it turns out:
Though it sounds strange that a business owner would be cheering for a sheriff’s sale, for Phillips it means that she has a nearly $500,000 head start on any bid anyone would want to make on the building.Earlier in the long story:
“Paula will finally own her own building,” said her attorney Jeremy Grogg, a partner at Burt, Blee, Dixon, Sutton & Bloom, LLP. “It’s the right thing. The judgment is as it should be.”
FORT WAYNE – After about a dozen years, the battle between the owners of a well-known west-end restaurant and one of the country’s biggest banks is nearing an end.
With a court order to set a date for a sheriff’s sale for the building housing Paula’s on Main soon to be issued, it’s likely that within a few months Paula Phillips will have full control of the building at 1732 W. Main St., as well as the meals served inside.
“It’s been a long road,” Phillips said. “I’m glad it’s over.”
The complicated case pitted Phillips and her partners Frank Casagrande and Tom Sokolik against Wells Fargo Bank, so the comparisons by Casagrande and Phillips to David and Goliath were probably not too far off.
“We’re on third base and heading for home,” Casagrande said.
The case has been argued at the Indiana Court of Appeals three times and before the state’s Supreme Court twice.
The recent agreement hammered out with the bank came after the state’s highest court upheld an appellate court ruling giving Phillips what amounts to a lien on the property.
Posted by Marcia Oddi on September 25, 2013 02:10 PM
Posted to Ind. Sup.Ct. Decisions