Ralph S. Francois v. NextGear Capital, Inc. (mem. dec.)

<p>MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 29 2020, 9:39 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court APPELLANT PRO SE ATTORNEYS FOR APPELLEE Ralph S. Francois David J. Jurkiewicz Hollywood, Florida Nathan T. Danielson Sarah T. Parks Bose McKinney &amp; Evans LLP Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA Ralph S. Francois, October 29, 2020 Appellant-Defendant, Court of Appeals Case No. 20A-CC-583 v. Appeal from the Hamilton Superior Court NextGear Capital, Inc., The Honorable Darren J. Murphy, Appellee-Plaintiff. Special Judge Trial Court Cause No. 29D06-1702-CC-1832 Baker, Senior Judge. Court of Appeals of Indiana | Memorandum Decision 20A-CC-583 | October 29, 2020 Page 1 of 9 Statement of the Case [1] NextGear Capital, Inc. sued Ralph S. Francois and others in relation to nonpayment of a promissory note. Francois appeals the trial court’s denial of his motion to dismiss NextGear’s complaint and the trial court’s grant of summary judgment in favor of NextGear. We affirm. Facts and Procedural History [2] On February 21, 2014, Korlby Auto Sales, Inc. d/b/a DeKorlby Auto Sales Inc. (“Korlby”) executed a notarized promissory note (“the note”) with NextGear for a loan in the amount of $35,000. Francois signed the note as Korlby’s vice-president, and Lesly Francois (“Lesly”) signed as Korlby’s 1 president. Among other terms, the note stated that Korlby agreed to submit to the personal jurisdiction of courts in Marion County or Hamilton County, Indiana, to adjudicate all disputes pertaining to the note. [3] Also on February 21, 2014, Francois and Lesly signed notarized personal guarantees with NextGear, promising to fulfill Korlby’s obligations under the note if Korlby defaulted. The guarantees included personal jurisdiction clauses similar to the one set forth in the note. 1 The record does not explain whether or how Francois and Lesly are related. Court of Appeals of Indiana | Memorandum Decision 20A-CC-583 | October 29, 2020 Page 2 of 9 [4] This case began on February 22, 2017, when NextGear sued Korlby for defaulting on the note and sued Francois and Lesly for breaching their personal guarantees. On May 15, 2017, Francois filed a motion to dismiss, stating among other claims that the trial court had no subject matter jurisdiction over the issues raised in NextGear’s complaint and had no personal jurisdiction over him because he lived in Florida. NextGear objected. The court denied Francois’ motion. [5] Francois filed a motion to reconsider. The court denied the motion, stating “[t]he issues raised are of the type that must be resolved through a fact finding procedure.” Appellee’s App. Vol. II, p. 105. The court further set a deadline for Francois to file an answer to NextGear’s complaint. Francois timely filed an unverified answer. [6] On January 24, 2019, NextGear filed a motion for summary judgment against Francois only. NextGear ...</p><br>
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