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Courtroom of Appeals off Kansas,3rd Section, Seneca County

By : | 0 Comments | On : septiembre 17, 2024 | Category : paydayloanalabama.com+blue-springs cash to go and advance america

Courtroom of Appeals off Kansas,3rd Section, Seneca County

No. 13-08-16.

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<>Defendant-appellant, Jay J. Jones, appeals from the judgment of the Seneca County Court of Common Pleas, Domestic Relations Division, ordering him to pay plaintiff-appellee, Evelyn Jones, $8,, plus statutory interest from , court costs incurred, and $2,000 of Evelyn’s reasonable attorney fees. On appeal, Jay argues that the trial court erred by denying his motion to dismiss for lack of subject-matter jurisdiction, that the trial court erred by denying his motion to dismiss for failure to state a claim, that the trial court erred in finding for Evelyn as she failed to present sufficient evidence of unjust enrichment to meet her burden of proof, that the trial court erred by denying his motion to dismiss for failure to join an indispensable party, and that the trial court erred in awarding attorney fees and costs to Evelyn without a presentation of evidence on the issue. Based on the following, we affirm in part and reverse in part the judgment of the trial court.

JONES v. JONES

<>In December 1999, Evelyn filed a petition for dissolution of her marriage to Jay in the Seneca County Court of Common Pleas, a petition that incorporated a separation agreement. During the course of the marriage, the parties had purchased a business called the Whippy Dip, for which they took out a line of credit (home equity loan) on their residence at 628 Northview Dr., Fostoria, Ohio (the residence), to help pay expenses of the business.

Brand new functions agree that Girlfriend will stay in the house and you may shall be responsible for all of the mortgage payments, tools, fees, insurance, and fix towards said residence * * * and you may shall keep Partner simple thereof. * * *

That a house is also mortgaged when you look at the 1999 on the an effective loan from Husband’s to have their Whippy Drop company, this new activities then consent as follows:

B. Husband will create punctual repayments in order to Key Financial or its replacement, into the Whippy Drop home loan, on what the subject property significantly more than is additionally pledged while the guarantee.

The new activities are also the owners of the a residential property and you will providers found at eight hundred S. Chief St., Fostoria, Seneca County, Ohio, referred to as Whippy Drop. * * *

The newest functions agree totally that Partner will keep up with the told you a home and Whippy Dip company and should be guilty of every financial costs, utilities, fees, insurance coverage, and you can repair on the told you a house and you will team instantly upon signing with the arrangement, and you may will keep Wife simple thereof.

<>In , Evelyn filed a motion for contempt, or, in the alternative, a complaint for unjust enrichment, alleging that when she sold the residence, she was forced to pay off the remainder of the home equity loan for the Whippy Dip, which was Jay’s sole responsibility under the separation agreement, and that Jay refused to reimburse her for this payment.

<>In , Jay filed a motion to dismiss Evelyn’s complaint for unjust enrichment and motion for contempt on the grounds that Evelyn failed to state a claim money loans in Blue Springs on which relief could be granted, that the court lacked subject-matter jurisdiction over the action, and that Evelyn failed to join an indispensable third party, Key Bank.

<>In , the magistrate dismissed Evelyn’s motion for contempt, but found that her complaint for unjust enrichment properly stated a claim, that the trial court had subject-matter jurisdiction to enforce the separation agreement, and that Key Bank was not an indispensable party to the action.

<>Lou Ann Fleming, a relationship manager with Key Bank, testified that Jay had three loans that involved the Whippy Dip business. One loan was taken out on March 2, 1999, for $28,, secured by the real estate on which the Whippy Dip was located, another on March 2, 1999, for $55,, secured by 699 shares of Quest Communications Stock, and a third loan on February 8, 1999, that was a home equity line of credit for $44,000, secured by the residence; that two loans were dispersed from the home equity line of credit in e was not on the , Key Bank subordinated the home equity loan to a loan from Old Fort Bank. She continued that a title company contacted her to find out what amount was owed on the home equity line of credit because Evelyn wanted to the sell the residence and was required to pay off this loan before selling, but that she told the title company she was required to get Jay’s permission before releasing the payoff figures because Evelyn was not on the loan.

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