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OTTO v. PARK GARDEN ASSOCIATES

No. 48A04-9112-CV-434.

612 N.E.2d 135 (1993)

Wilmer OTTO, Doris Otto, Community Square, an Illinois General Partnership, Wilmer Otto, Omer Schrock, Partners, Appellants, (Defendants and Third Party Plaintiffs below), v. PARK GARDEN ASSOCIATES, a California Limited Partnership, (Plaintiff below), United Presidential Life Insurance Company, Chester M. Miller, Kesco Investment Company, Delaware Telephone Answering, Myrtle B. Barnsley, First National Bank of Louisville, (Defendants below), O-S Village of Twin Oaks, an Illinois Partnership, (Intervenor & Third Party Plaintiff below), and James D. Davis & Sons, a California Partnership, (Third Party Defendant below), Appellees.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 24, 1993.

Transfer Denied September 1, 1993.

Attorney(s) appearing for the Case

James E. Freeman, Jr., Jonathan R. Builta, Sansberry Dickmann Freeman & Builta, Anderson, for appellants.

David W. Stone IV, Stone Law Office & Legal Research, Don W. Peck, Peck & Peck, Anderson, for appellees.

MILLER, Judge.

This case involves a foreclosure action brought by Park Gardens Associates against the Ottos and Community Square (collectively "the Ottos"), and a determination of the scope of the Ottos' liability under their personal guaranty securing a portion of the mortgage. On May 1, 1991, the trial court granted partial summary judgment1 in favor of Park Gardens on their action for foreclosure. The trial court also determined that...

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