Wehling v. Citizens Nat. Bank, No. 27S02-9202-CV-110
| Docket Nº | No. 27S02-9202-CV-110 |
| Citation | 586 N.E.2d 840 |
| Case Date | February 14, 1992 |
| Court | Supreme Court of Indiana |
Page 840
v.
CITIZENS NATIONAL BANK and Marvin Foland and David Bates,
Appellees. (Defendants Below)
Roger L. Pardieck, Bruce A. MacTavish, Pardieck, Gill & Vargo, Seymour, Patrick S. McSoley, Steele, Steele & Steele, Bedford, for appellants.
John W. Campbell, Marion, for appellees.
KRAHULIK, Justice.
Plaintiffs-Appellants, Benjamin and Jean Wehling, seek transfer from the Court of Appeals' affirmance, in a memorandum decision, of the trial court's entry of summary judgment against them in favor of
Page 841
Defendants-Appellees, Citizens National Bank, Marvin Foland, and David Bates (collectively "the Bank") 567 N.E.2d 181. The trial court determined that the Bank had breached no duty to the Wehlings, but the Court of Appeals affirmed the summary judgment on a different ground, viz., that the statute of limitations had run on the Wehlings' claim. We disagree with the ruling of the trial court and the decision of the Court of Appeals and, therefore, grant transfer.The facts necessary to a discussion of applicable law follow. On June 11, 1981, the Wehlings purchased a parcel of property in Upland, Indiana. They financed their purchase through the United Bank of Upland, the Bank's predecessor in interest. Prior to closing, the Wehlings paid a fee of $10.70 to the Bank in order to have the Bank record the deed to the property. The Bank did record the deed on June 17, 1981, but allegedly was negligent in failing to place the Wehlings' mailing address in the transfer books. Instead, the Bank listed the address of the subject property in the transfer books.
On May 10, 1982, the Wehlings paid the May installment of the 1981 real estate taxes for the property in question as well as for several of the other properties in Grant County that the Wehlings owned. After this payment, the real estate taxes fell delinquent. A notice of this delinquency was mailed by the Grant County Auditor to the address of the property at issue, as well as to the address of the former owners of the property. The Wehlings did not receive this notice. In July 1984, a notice of tax sale was mailed by the auditor both to the address of the property at issue and to the address of the former owners. Again, the Wehlings did not receive this notice. Ultimately, the property was purchased at a tax sale on August 13, 1984, and a deed for the property was executed by the county auditor on October 28, 1986. There is no contention by the parties that the Wehlings were, in fact, aware of the purchase of the property at the tax sale or the deeding of the property by the county auditor until 1987 when the Wehlings attempted to sell the property.
On October 16, 1987, the Wehlings filed a complaint against the tax sale purchaser in an attempt to quiet title and to set aside the tax deed. The Bank was added in an amended complaint which claimed that it was liable to the plaintiffs for negligently recording the deed and for failing to escrow and pay the real estate taxes. The tax sale purchaser and the Bank defendants filed separate motions for summary judgment which the trial court granted. It is the entry of summary judgment against the Bank, and not against the tax sale purchaser, that is at issue.
The trial court determined that the Bank owed no duty to the Wehlings. The Court of Appeals affirmed the entry of summary judgment without a discussion of whether the Bank owed a duty to the Wehlings because the Wehlings' action was barred by the applicable statute of limitations.
I. Duty
The trial court based its entry of summary judgment in favor of...
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Young v. Harmon, Cause No. 1:01-CV-440 (N.D. Ind. 5/13/2003), Cause No. 1:01-CV-440.
...could have discovered that an injury had been sustained as a result of the tortious act of another. Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840, 843 (Ind. As Young seems to realize, at least he does not argue otherwise, all his claims began to run on the day his employment was terminated......
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Martin v. Richey, Jr., M.D., No. 53S04-9805-CV-271
...could have discovered that an injury had been sustained as a result of the tortious act of another." Wheling v. Citizens Nat'l Bank, 586 N.E.2d 840, 843 (Ind. 1992). At the same time, this Court has interpreted section 34-18-7-1(b) as an "occurrence" rather than a "disco......
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Trentadue v. Buckler Lawn Sprinkler, No. 128579.
...318, 287 S.E.2d 252 (1981). Hawaii: Yoshizaki v. Hilo Hosp., 50 Haw. 150, 433 P.2d 220 (1967). Indiana: Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind., 1992). Iowa: Roycroft v. Hammons, 203 F Supp 2d 1053 (S.D.Iowa, 2002). Louisiana: Harvey v. Dixie Graphics, Inc., 593 So.2d 351 (La.,......
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Martin v. Richey, No. 53A04-9603-CV-104
...of action for negligence shall be commenced within two years from the date the cause of action accrued. In Wehling v. Citizens Nat. Bank, 586 N.E.2d 840 (Ind.1992), our supreme court interpreted that statute and the cause of action of a tort claim accrues and the statute of limitations begi......
-
Young v. Harmon, Cause No. 1:01-CV-440 (N.D. Ind. 5/13/2003), Cause No. 1:01-CV-440.
...could have discovered that an injury had been sustained as a result of the tortious act of another. Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840, 843 (Ind. As Young seems to realize, at least he does not argue otherwise, all his claims began to run on the day his employment was terminated......
-
Martin v. Richey, Jr., M.D., 53S04-9805-CV-271
...could have discovered that an injury had been sustained as a result of the tortious act of another." Wheling v. Citizens Nat'l Bank, 586 N.E.2d 840, 843 (Ind. 1992). At the same time, this Court has interpreted section 34-18-7-1(b) as an "occurrence" rather than a "discovery" statute, that ......
-
Trentadue v. Buckler Lawn Sprinkler, No. 128579.
...318, 287 S.E.2d 252 (1981). Hawaii: Yoshizaki v. Hilo Hosp., 50 Haw. 150, 433 P.2d 220 (1967). Indiana: Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind., 1992). Iowa: Roycroft v. Hammons, 203 F Supp 2d 1053 (S.D.Iowa, 2002). Louisiana: Harvey v. Dixie Graphics, Inc., 593 So.2d 351 (La.,......
-
Martin v. Richey, 53A04-9603-CV-104
...of action for negligence shall be commenced within two years from the date the cause of action accrued. In Wehling v. Citizens Nat. Bank, 586 N.E.2d 840 (Ind.1992), our supreme court interpreted that statute and the cause of action of a tort claim accrues and the statute of limitations begi......