Legal Opinion

O'BRIEN v. 1st Source Bank

Indiana Court of Appeals

Decided June 28, 2007No. 71A05-0611-CV-677PublishedCited by 4 opinions

1Opinion of the Court

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Robert M. O’Brien appeals from the trial court’s grant of summary judgment on the breach of contract claims of 1st Source Bank (“Bank”). O’Brien presents a single issue for our review, namely, whether the Bank acquired an enforceable lease against O’Brien from the bankruptcy of the Bank’s borrower.

We affirm and remand with instructions.

PACTS AND PROCEDURAL HISTORY

On April 7, 1993, O’Brien signed an office building lease (“Lease”) with Jefferson Boulevard Partnership (“JBP”) for office space in the First Bank Building (“Building”) for twenty years. JBP…

2Cases cited14 opinions

  1. In the Matter of Met-L-Wood Corporation, Debtor. Appeal of Constantine John Gekas, Trustee. Constantine John Gekas, Trustee v. Frederick L. PipinCourt of Appeals for the Seventh Circuit · 1988
  2. In the Matter of Greystone III Joint Venture, Debtor. Phoenix Mutual Life Insurance Company v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1992
  3. In Re Computer Communications, Inc., Debtor. Computer Communications, Inc. v. Codex CorporationCourt of Appeals for the Ninth Circuit · 1987
  4. In the Matter of Whitcomb & Keller Mortgage Co., Inc., Debtor. Data-Link Systems, Inc. v. Whitcomb & Keller Mortgage Co., Inc.Court of Appeals for the Seventh Circuit · 1983
  5. Schrader v. Eli Lilly and Co.Indiana Supreme Court · 1994

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3Cited by4 opinions

  1. Dempsey v. Auditor of Marion CountyIndiana Court of Appeals · 2007
  2. Raytheon Engineers & Constructors, Inc. v. Sargent Electric Co.Indiana Court of Appeals · 2010
  3. Boyer Construction Group Corp. v. Walker Construction Company, Inc. and Muller Realty, LLCIndiana Court of Appeals · 2015
  4. Sally Brodie v. Viking Development, LLCIndiana Court of Appeals · 2015

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