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Tuesday, July 28, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 9 NFP memorandum decisions)

For publication opinions today (1):

In First Federal Bank of the Midwest v. Karen S. Greenwalt and Farm Credit Services of Mid-America, a 14-page opinion, Judge Brown writes:

First Federal Bank of the Midwest (“First Federal”) appeals the trial court’s order entering partial summary judgment in favor of Karen Greenwalt (“Greenwalt”) and dismissing its complaint. First Federal raises two issues which we consolidate and restate as whether the trial court erred in granting summary judgment in favor of Greenwalt. We affirm. * * *

First Federal maintains that its security interest in Tract One under the Mortgage has not been discharged and specifically asserts that there was no material alteration of the underlying loan obligation. First Federal argues that the trial court erred when it determined that the extensions of additional credit to Great Lakes after the execution of the Note and Mortgage in 2000 constituted a material alteration of the underlying obligation resulting in the discharge of the Mortgage. First Federal further argues that, even if material alterations were made to the underlying obligation, the Mortgage was not discharged but capped at the level of the amount owed under the Note at the time of the material alteration. * * *

Based upon the record, we conclude that the alteration of the loan terms between Great Lakes and First Federal constituted material alterations of the underlying obligation and the loan agreement guaranteed by Greenwalt and that, as a result, Greenwalt as a surety and Tract One were discharged.

NFP civil decisions today (4):

In re the Marriage of: Thomas E. Thompson v. Donna B. Thompson (mem. dec.)

In re the Marriage of: Deborah D. Skelton v. Rodney D. Skelton (mem. dec.)

Performance Contracting, Inc. v. Randy Lowe (mem. dec.)

In Re the Adoption of D.B. and S.R., M.R. v. J.W. (mem. dec.)

NFP criminal decisions today (5):

J.B. v. State of Indiana (mem. dec.)

Adam Horton v. State of Indiana (mem. dec.)

Jevon Deandre Ollins v. State of Indiana (mem. dec.)

Aqueeli Hakeem Walton v. State of Indiana (mem. dec.)

Michael C. Pulley v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 28, 2015 11:07 AM
Posted to Ind. App.Ct. Decisions