Dempsey v. Carter, 797 N.E.2d 268 (Ind.Ct.App. 2003)
Aug 29, 2003OUTCOME: The Carters prevailed, except the Court held foreclosure, rather than forfeiture, was an appripriate remedy.
The issues in the case were- (1) Whether the trial court erred in granting summary judgment in favor of the Carters by entering an order of foreclosure against Dempsey; (2) Whether the trial cour ... t erred in calculating the actual damages amount owed to the Carters; (3) Whether the trial court erred in awarding the Carters' attorney fees and not awarding Dempsey attorney fees; and (4) Whether the trial court erred in denying the Carters' request for judgment of forfeiture rather than foreclosure.[1]
