Gus Goldsmith v. Amy Jones, et al.

Goldsmith presents for review a single issue, which we restate as: whether the trial court abused its discretion in denying Goldsmith relief pursuant to Indiana Trial Rule 60(B).

Facts

On January 3, 2001, Goldsmith filed a complaint against Jones, seeking to foreclose a mortgage granted on October 19, 1999 and having an outstanding principal balance of $70,881.60. (Appendix 2.) Goldsmith named as defendants the Hickersons, the Averys and Pinnacle, who each held a judgment lien against Jones.

On January 31, 2001, Goldsmith filed a Motion for Default and Summary Judgment. (Appendix 3.) The judgment submitted for approval by the trial court provided that the proceeds of sale were to be distributed according to the chronological order of the liens; specifically, the Averys, the Hickersons, Pinnacle and finally, Goldsmith. On February 1, 2001, the trial court granted Goldsmith’s motion for default judgment against Jones in the principal sum of $70,881.60 plus per diem interest. (Appendix 3.) Additionally, the trial court granted summary judgment as to the other defendants. (Appendix 3.)

On May 21, 2001, Goldsmith filed a Motion to Amend, premised upon the discovery that his mortgage was actually a purchase money mortgage, which would take priority over other liens. See footnote On July 25, 2001, a hearing was held and, on July 31, 2001, the trial court denied Goldsmith’s motion. (Appendix 3-4.) On August 7, 2001, Goldsmith filed a “Motion for Summary Judgment Dismissing Pinnacle Properties” a “Motion to Reconsider as to the Hickerson[s]” and a “Motion for Relief from Judgment.” (Appendix 4.) On August 8, 2001, the trial court denied the motions. (Appendix 4.) On August 14, 2001 and on August 15, 2001, Goldsmith filed Motions to Reconsider. The motions were denied on August 27, 2001. Goldsmith now appeals.

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Gus Goldsmith (“Goldsmith”) appeals the denial of his Indiana Trial Rule 60(B) motion for relief from the judgment entered in his foreclosure action against Amy Jones (“Jones”), Donald and Doris Hickerson (“the Hickersons”), Duard and LuAnn Avery (“the Averys”) and Pinnacle Properties Development Group, LLC (“Pinnacle”). We affirm

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