Legal Opinion

Dempsey v. Auditor of Marion County

Indiana Court of Appeals

Decided August 17, 2007No. 49A02-0612-CV-1074PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Gordon Dempsey appeals the trial court’s denial of his motion for relief from judgment, which sought to set aside a tax deed issued to Marion County (“the County”). We reverse.

Issue

Dempsey raises three issues, but the dispositive issue is whether the County’s petition for issuance of a tax deed was void because it was filed after Dempsey had filed for bankruptcy. 1

Facts

On June 24, 2000, Dempsey purchased a parcel of real property in Marion County (“the parcel”) from the Suburban West Optimist Club (“the Club”). Dempsey did not immediately record his interest…

2Cases cited17 opinions

  1. Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
  2. Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)Court of Appeals for the Third Circuit · 1992
  3. Hammes v. BrumleyIndiana Supreme Court · 1995
  4. Davis v. Courington (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  5. Schaefer v. KumarIndiana Court of Appeals · 2004

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3Cited by3 opinions

  1. Boyer v. US Bank (In Re American Lodging, Inc.)United States Bankruptcy Court, N.D. Indiana · 2008
  2. ATFH Real Property, LLC v. StewartIndiana Court of Appeals · 2008
  3. In Re: 2009 Marion County Tax Sale Parcel No. 1019054 Darryl W. Finkton, Sr. v. Auditor of Marion County, Treasurer of Marion County, and Indy-East Asset Development Corp.Indiana Court of Appeals · 2012

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