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Tag Archives: Default

Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

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Civil Practice – Judgments – Default – Multiple Defendants – Joint & Several Liability – Negotiable Instruments – LLC as Collateral (access required)

Cole v. Erwin Plaintiff sued both the debtors and their businesses, which served as collateral for the debtors’ debt. Although two of the businesses filed a timely answer, the trial court could enter a default judgment against the other defendants since the defendants were sued, not jointly, but jointly and severally.

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Contract – Guaranty – Landlord/Tenant – Commercial Lease – Assignment – Default – Bankruptcy (access required)

Epes v. B.E. Waterhouse, LLC Where both the lease assignment and plaintiff’s guaranty reflect that the assignment would not release plaintiff from liability as guarantor, the trial court correctly granted summary judgment to the defendant-landlords on plaintiff’s request for a declaratory judgment that plaintiff “has no ongoing duties, obligations, or liability of any type to defendants under any agreement or under applicable law.”

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