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[APPEALS] Sapp v. Flagstar Bank, FSB 49A02-1311-PL-935
Start Date: 6/4/2014Start Time: 2:00 PM
End Date: 6/4/2014End Time: 2:40 PM
Entry Description

This case comes before us following remand to the trial court where we held in our original opinion that appellee-plaintiff Flagstar Bank’s (FSB) motion for summary judgment on a breach of contract claim was improperly granted with regard to a $125,000 check that had been lost.  Sapp v. Flagstar Bank, FSB, 956 N.E.2d 660 (Ind. Ct. App. 2011).

Following a bench trial, the appellant-defendant James Sapp now appeals the trial court’s judgment, alleging that FSB’s action in “charging back” his account as to the amount of the check was error under the Uniform Commercial Code and the Deposit Account Disclosure Agreement.  In the alternative, Sapp asserts that the trial court improperly found that he suffered no loss when FSB delayed in notifying him of the lost check.  Thus, Sapp argues that he is entitled to a setoff of the judgment in the amount of the charge back to his account in light of FSB’s negligence in losing the check. Sapp also contends that the trial court erred in deciding that he is personally liable for shortages in the account because the evidence established that he was only acting in a representative capacity as a shareholder in a corporation.

Finally, Sapp challenges the trial court’s decision to award FSB its attorney fees and costs. 

Court of Appeals courtroom
Statehouse Room 413
200 W. Washington St.
Indianapolis, IN 46204

The scheduled panelists are Judge Baker, Judge Barnes, and Judge Crone

Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Entry Type:
Entry Category:
  • Oral Arguments
  • Category:
  • Government
  • Agency Name
    Courts, Indiana

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