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Published by the Indiana Office of Court Services

Nicklas v. Von Tobel Corp., No. 64A03-1310-CC-429, __ N.E.3d __ (Ind. Ct. App., June 4, 2014).

June 6, 2014 Filed Under: Civil Tagged With: Appeals, M. Robb

Robb, J.
Case Summary and Issue
Lori Nicklas (“Lori”) appeals the trial court’s grant of summary judgment in favor of Von Tobel Corporation (“Von Tobel”) and its denial of her summary judgment motion. Lori raises three issues for review, which we consolidate and restate as whether the trial court erred when it granted summary judgment in favor of plaintiff Von Tobel and against Lori after Von Tobel had obtained a judgment against her co-defendant, Shawn Nicklas (“Shawn”) in the same proceeding. Concluding summary judgment in favor of Von Tobel was proper, we affirm.
….
We conclude an agreed judgment against one obligor does not merge and extinguish the obligation of another person jointly and severally liable on the same contract. Therefore, Von Tobel was free to seek a judgment against Lori after the agreed judgment with Shawn had been entered.
….
Conclusion
Concluding Von Tobel’s claim against Lori was not extinguished by its agreement with Shawn, claim preclusion does not apply, and Von Tobel is not placed in a better position than if the contract had not been breached, we affirm.
Affirmed.
RILEY, J., and BRADFORD, J., concur.

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