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GO PROPERTIES, LLC v. BER ENTERPRISES, LLC

Court of Appeals Case No. 18A-PL-176.

112 N.E.3d 200 (2018)

GO PROPERTIES, LLC, and Maxim Alliance Group, LLC, Appellants-Plaintiffs, v. BER ENTERPRISES, LLC; Mortgage Electronic Registration Systems, Inc., as Nominee for Franklin American Mortgage Company; New Field, LLC; Elden Investments, LLC; and Shannon R. Fawcett and Roxanne G. Fawcett, Trustees of the Shannon R. and Roxanne G. Revocable Trust Agreement dated 05/18/2017, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing denied November 13, 2018.

Attorney(s) appearing for the Case

ATTORNEYS FOR APPELLANT GO PROPERTIES LLC: Thomas M. Beeman , Alex Beeman , Beeman Law, Anderson, Indiana.

ATTORNEYS FOR APPELLEES BER ENTERPRISES, LLC, AND NEW FIELD, LLC: Christopher E. Clark , Abaigeal F. Musser , Goodin Abernathy, LLP, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FRANKLIN AMERICAN MORTGAGE COMPANY: Angela Field Trapp , Trapp Law, LLC, Indianapolis, Indiana.

GO Properties, LLC (GO Properties) had two members that were, themselves, limited liability companies (LLCs). Stacy Phillips, who was the sole member of one of those LLCs, went rogue. She falsely held herself out as having the authority to act on behalf of GO Properties in an endeavor to sell real estate that belonged to the LLC. The...

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