IN THE
Court of Appeals of Indiana FILED Angela Hendrix, May 20 2024, 8:50 am
CLERK Appellant-Defendant Indiana Supreme Court Court of Appeals and Tax Court
v.
Donald Campbell, et al., Appellees-Plaintiffs
May 20, 2024 Court of Appeals Case No. 23A-PL-2234 Appeal from the Owen Circuit Court The Honorable Kelsey B. Hanlon, Judge Trial Court Cause No. 60C02-2007-PL-250
Opinion by Judge Tavitas Judges Mathias and Weissmann concur.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 1 of 8 Tavitas, Judge.
Case Summary [1] In the current case on appeal, Donald and Pamela Campbell were awarded a
judgment against Angela Hendrix. 1 Then, in a separate case, Angela sued
Pamela alone and was awarded a judgment against Pamela. Angela then filed
a motion in this case to set off Donald’s and Pamela’s judgment by the
judgment Angela owned against Pamela in the separate case. The trial court
denied the motion for set-off. Angela appeals and argues that the trial court
erred by denying her motion. We are not persuaded by Angela’s arguments,
and accordingly, we affirm.
Issue [2] Angela raises one issue, which we restate as whether the trial court erred by
denying Angela’s motion for set-off.
Facts [3] This appeal arises out of proceedings supplemental after a judgment was
awarded in favor of Donald and Pamela against Angela. In 2019, Angela and
her husband were living in a house in Gosport, Indiana, (the “Gosport house”).
Hendrix v. Campbell, Case No. 22A-PL-422, slip op. p. 3 (Ind. Ct. App. Oct. 25,
1 The judgment was also awarded against Angela’s husband, Ryan, who died on July 2, 2022. For the purposes of this appeal, we will simply refer to Angela.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 2 of 8 2022) (mem.). That year, the Campbells agreed to lend Angela money to
purchase a house in Spencer, Indiana, and in exchange, the Campbells would
take possession of the Gosport house. Id. at 3-4. The Campbells paid for
repairs to the Gosport house to make it suitable for Angela’s step-sister, Stacy
Zehr, to live in. Id. at 6. After Angela stopped making payments on the loan,
the Campbells sued. Id. The trial court found that no enforceable agreement
between the parties existed but that Angela had been unjustly enriched by the
loan and repairs. Id. at 7-9. Accordingly, the trial court entered judgment in
the amount of $114,796.49 “in favor of separate plaintiffs, Donald Campbell
and Pamela Campbell” (“Judgment 1”). Appellant’s App. Vol. II p. 43. A
panel of this Court affirmed Judgment 1 on appeal. See generally Hendrix, No.
22A-PL-422. Following the appeal, the Campbells sought satisfaction of the
judgment in proceedings supplemental through a sheriff’s sale of the Gosport
house, which the trial court approved on April 27, 2023.
[4] Meanwhile, on March 13, 2022, Angela sued Pamela alone in a separate case
for unjust enrichment and conversion of the Gosport house. 2 On August 1,
2023, the trial court awarded judgment of $61,294.50 against Pamela and in
favor of Angela (“Judgment 2”). Pamela died on August 6, 2023. On October
9, 2023, Angela petitioned for the appointment of a special administrator for the
2 Cause No. 60C02-2203-PL-96.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 3 of 8 purposes of collecting Judgment 2 from Pamela’s Estate, which the probate
court granted.
[5] On September 11, 2023, Angela filed a motion in this case for a “set off” of
Judgment 1 by Judgment 2. 3 Appellant’s App. Vol. II p. 49. The trial court
summarily denied this motion in an order issued on September 11, 2023. The
Gosport house was sold the next day for $50,100. Angela now appeals the trial
court’s denial of her motion for set-off.
Discussion and Decision [6] Angela argues that the trial court erred by denying her motion for set-off. We
conclude that Angela has not carried her burden of persuasion.4
[7] This case arises out of proceedings supplemental, which our Supreme Court has
described as follows:
Proceedings supplementary to execution are remedial actions authorized by statute. I.C. ch. 34-55-8 (2008 Repl.). They enable creditors to enforce money judgments against non-paying debtors. Prime Mortg. USA, Inc. v. Nichols, 885 N.E.2d 628, 668 (Ind. Ct. App. 2008). Because these proceedings merely continue
3 Angela also requested in her motion that the trial court vacate the order for the sheriff’s sale of the Gosport house. The trial court denied this portion of the motion, and Angela does not appeal this ruling. 4 As an initial matter, Donald has filed a motion to dismiss this appeal on mootness grounds. “A case is moot when the controversy at issue has been ended, settled, or otherwise disposed of so that the court can give the parties no effective relief.” E.F. v. St. Vincent Hosp. and Health Care Ctr., Inc., 188 N.E.3d 464, 466 (Ind. 2022). Donald does not allege that Judgment 1 has been satisfied, so we must assume that a portion of that judgment remains outstanding and could be affected by our disposition of this case. Accordingly, we deny Donald’s motion to dismiss.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 4 of 8 the underlying suit, creditors must initiate them under the same case number and in the same court that issued the civil judgment. Id. See also Ind. Trial Rule 69(E). A court’s sole objective in conducting proceedings supplemental is “determining whether an asset is in the judgment debtor’s possession or subject to the judgment debtor’s control and can be attached to satisfy the judgment.” Prime Mortg. USA, 885 N.E.2d at 668 (quoting State Farm Mut. Auto. Ins. Co. v. Estep, 873 N.E.2d 1021, 1029 (Ind. 2007) (Boehm, J., concurring in part and dissenting in part)).
Garner v. Kempf, 93 N.E.3d 1091, 1095 (Ind. 2018). As for our review of trial
court orders in proceedings supplemental,
[o]ur system vests trial courts with broad discretion in conducting proceedings supplemental. Com. Credit Counseling Servs., Inc. v. W.W. Grainger, Inc., 840 N.E.2d 843, 847 (Ind. Ct. App. 2006). “[I]n proceedings supplemental, we are constrained to treat a trial court’s judgment as being general only.” First Bank of Whiting v. Samocki Bros. Trucking Co., 509 N.E.2d 187, 192 (Ind. Ct. App. 1987), trans. denied. We will not disturb a trial court’s judgment regarding a proceedings supplemental unless the record does not provide sufficient support for any theory on which the judgment may be sustained. Ill. Founders Ins. Co.[v. Horace Mann Ins. Co.], 738 N.E.2d [705,] 708 [(Ind. Ct. App. 2000)]; cf. W.W. Grainger, 840 N.E.2d at 847 . . . . “We will affirm the trial court’s judgment on any legal theory supported by the evidence most favorable to the judgment, together with all reasonable inferences to be drawn therefrom.” Gallant Ins. Co. v. Wilkerson, 720 N.E.2d 1223, 1226 (Ind. Ct. App. 1999).
Prime Mortg. USA, 885 N.E.2d at 669.
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IN THE
Court of Appeals of Indiana FILED Angela Hendrix, May 20 2024, 8:50 am
CLERK Appellant-Defendant Indiana Supreme Court Court of Appeals and Tax Court
v.
Donald Campbell, et al., Appellees-Plaintiffs
May 20, 2024 Court of Appeals Case No. 23A-PL-2234 Appeal from the Owen Circuit Court The Honorable Kelsey B. Hanlon, Judge Trial Court Cause No. 60C02-2007-PL-250
Opinion by Judge Tavitas Judges Mathias and Weissmann concur.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 1 of 8 Tavitas, Judge.
Case Summary [1] In the current case on appeal, Donald and Pamela Campbell were awarded a
judgment against Angela Hendrix. 1 Then, in a separate case, Angela sued
Pamela alone and was awarded a judgment against Pamela. Angela then filed
a motion in this case to set off Donald’s and Pamela’s judgment by the
judgment Angela owned against Pamela in the separate case. The trial court
denied the motion for set-off. Angela appeals and argues that the trial court
erred by denying her motion. We are not persuaded by Angela’s arguments,
and accordingly, we affirm.
Issue [2] Angela raises one issue, which we restate as whether the trial court erred by
denying Angela’s motion for set-off.
Facts [3] This appeal arises out of proceedings supplemental after a judgment was
awarded in favor of Donald and Pamela against Angela. In 2019, Angela and
her husband were living in a house in Gosport, Indiana, (the “Gosport house”).
Hendrix v. Campbell, Case No. 22A-PL-422, slip op. p. 3 (Ind. Ct. App. Oct. 25,
1 The judgment was also awarded against Angela’s husband, Ryan, who died on July 2, 2022. For the purposes of this appeal, we will simply refer to Angela.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 2 of 8 2022) (mem.). That year, the Campbells agreed to lend Angela money to
purchase a house in Spencer, Indiana, and in exchange, the Campbells would
take possession of the Gosport house. Id. at 3-4. The Campbells paid for
repairs to the Gosport house to make it suitable for Angela’s step-sister, Stacy
Zehr, to live in. Id. at 6. After Angela stopped making payments on the loan,
the Campbells sued. Id. The trial court found that no enforceable agreement
between the parties existed but that Angela had been unjustly enriched by the
loan and repairs. Id. at 7-9. Accordingly, the trial court entered judgment in
the amount of $114,796.49 “in favor of separate plaintiffs, Donald Campbell
and Pamela Campbell” (“Judgment 1”). Appellant’s App. Vol. II p. 43. A
panel of this Court affirmed Judgment 1 on appeal. See generally Hendrix, No.
22A-PL-422. Following the appeal, the Campbells sought satisfaction of the
judgment in proceedings supplemental through a sheriff’s sale of the Gosport
house, which the trial court approved on April 27, 2023.
[4] Meanwhile, on March 13, 2022, Angela sued Pamela alone in a separate case
for unjust enrichment and conversion of the Gosport house. 2 On August 1,
2023, the trial court awarded judgment of $61,294.50 against Pamela and in
favor of Angela (“Judgment 2”). Pamela died on August 6, 2023. On October
9, 2023, Angela petitioned for the appointment of a special administrator for the
2 Cause No. 60C02-2203-PL-96.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 3 of 8 purposes of collecting Judgment 2 from Pamela’s Estate, which the probate
court granted.
[5] On September 11, 2023, Angela filed a motion in this case for a “set off” of
Judgment 1 by Judgment 2. 3 Appellant’s App. Vol. II p. 49. The trial court
summarily denied this motion in an order issued on September 11, 2023. The
Gosport house was sold the next day for $50,100. Angela now appeals the trial
court’s denial of her motion for set-off.
Discussion and Decision [6] Angela argues that the trial court erred by denying her motion for set-off. We
conclude that Angela has not carried her burden of persuasion.4
[7] This case arises out of proceedings supplemental, which our Supreme Court has
described as follows:
Proceedings supplementary to execution are remedial actions authorized by statute. I.C. ch. 34-55-8 (2008 Repl.). They enable creditors to enforce money judgments against non-paying debtors. Prime Mortg. USA, Inc. v. Nichols, 885 N.E.2d 628, 668 (Ind. Ct. App. 2008). Because these proceedings merely continue
3 Angela also requested in her motion that the trial court vacate the order for the sheriff’s sale of the Gosport house. The trial court denied this portion of the motion, and Angela does not appeal this ruling. 4 As an initial matter, Donald has filed a motion to dismiss this appeal on mootness grounds. “A case is moot when the controversy at issue has been ended, settled, or otherwise disposed of so that the court can give the parties no effective relief.” E.F. v. St. Vincent Hosp. and Health Care Ctr., Inc., 188 N.E.3d 464, 466 (Ind. 2022). Donald does not allege that Judgment 1 has been satisfied, so we must assume that a portion of that judgment remains outstanding and could be affected by our disposition of this case. Accordingly, we deny Donald’s motion to dismiss.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 4 of 8 the underlying suit, creditors must initiate them under the same case number and in the same court that issued the civil judgment. Id. See also Ind. Trial Rule 69(E). A court’s sole objective in conducting proceedings supplemental is “determining whether an asset is in the judgment debtor’s possession or subject to the judgment debtor’s control and can be attached to satisfy the judgment.” Prime Mortg. USA, 885 N.E.2d at 668 (quoting State Farm Mut. Auto. Ins. Co. v. Estep, 873 N.E.2d 1021, 1029 (Ind. 2007) (Boehm, J., concurring in part and dissenting in part)).
Garner v. Kempf, 93 N.E.3d 1091, 1095 (Ind. 2018). As for our review of trial
court orders in proceedings supplemental,
[o]ur system vests trial courts with broad discretion in conducting proceedings supplemental. Com. Credit Counseling Servs., Inc. v. W.W. Grainger, Inc., 840 N.E.2d 843, 847 (Ind. Ct. App. 2006). “[I]n proceedings supplemental, we are constrained to treat a trial court’s judgment as being general only.” First Bank of Whiting v. Samocki Bros. Trucking Co., 509 N.E.2d 187, 192 (Ind. Ct. App. 1987), trans. denied. We will not disturb a trial court’s judgment regarding a proceedings supplemental unless the record does not provide sufficient support for any theory on which the judgment may be sustained. Ill. Founders Ins. Co.[v. Horace Mann Ins. Co.], 738 N.E.2d [705,] 708 [(Ind. Ct. App. 2000)]; cf. W.W. Grainger, 840 N.E.2d at 847 . . . . “We will affirm the trial court’s judgment on any legal theory supported by the evidence most favorable to the judgment, together with all reasonable inferences to be drawn therefrom.” Gallant Ins. Co. v. Wilkerson, 720 N.E.2d 1223, 1226 (Ind. Ct. App. 1999).
Prime Mortg. USA, 885 N.E.2d at 669.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 5 of 8 [8] We conclude that the trial court did not err by denying Angela’s motion for set-
off. “A set-off is a counterdemand growing out of an independent transaction,
for which the defendant might maintain an action against the plaintiff, pleaded
by the defendant to counterbalance the plaintiff’s recovery, either in whole or in
part, and, as the case may be, to recover a judgment in his own favor.” Duffy v.
England, 96 N.E. 704, 707 (Ind. 1911) (cited in Zalud v. Ethan Assocs., 418
N.E.2d 309, 315 (Ind. Ct. App. 1981)); see also Setoff, BLACK’S LAW
DICTIONARY (11th ed. 2019) (defining a set-off as “[a] defendant’s
counterdemand against the plaintiff, arising out of a transaction independent of
the plaintiff’s claim” and “[a] debtor’s right to reduce the amount of a debt by
any sum the creditor owes the debtor”); 80 C.J.S. Set-off and Counterclaim § 59
(“The right of setoff allows entities that owe each other money to apply their
mutual debts against each other.”)
[9] Among other forms of set-offs, our courts have the equitable discretion to set off
one judgment against another. Junker v. Hustis, 16 N.E. 197, 197 (Ind. 1888)
(“It is settled that a set-off of one judgment against another will not be allowed
unless it is equitable to allow it.”). Generally, however, mutuality must exist
between the judgments. In other words, the judgments must, at a minimum, be
reciprocal between the same parties. See Teeters v. City Nat’l Bank of Auburn, 14
N.E.2d 1004, 1005 (Ind. 1938) (“It is familiar law . . . that mutuality is essential
to the validity of a set-off, and that, in order that one demand may be set off
against another, both must mutually exist between the same parties.”) (cited in
25A IND. LAW ENCYCLOPEDIA Set-Off and Counterclaim § 3); Brooks v. Harris,
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 6 of 8 41 Ind. 390, 394 (Ind. 1872) (affirming set-off of Brooks’s judgment against
Harris and others by Harris’s judgment against Brooks in a separate matter); 80
C.J.S. Set-off and Counterclaim § 59 (“Where mutuality of debts and parties
exists, the trial court may order a set-off.”). The requirement of mutuality may
be excused “in order to prevent irremediable injustice.” Wolcott v. Pierre, 188
N.E. 596, 597 (Ind. Ct. App. 1934) (cited in 25A IND. LAW ENCYCLOPEDIA
Set-Off and Counterclaim § 3).
[10] Here, Pamela is deceased, Donald 5 owns Judgment 1 against Angela, and
Angela owns Judgment 2 against Pamela’s Estate. Angela cannot set off
Judgment 1 by Judgment 2 because mutuality does not exist between the parties
owing the judgments. Only Pamela was responsible for Judgment 2.
Additionally, Angela has not demonstrated that an irremediable injustice
supports dispensing with the mutuality requirement. On the contrary, equity
does not support reducing Donald’s award in Judgment 1 by a debt that he does
not owe. Accordingly, the trial court did not err by denying Angela’s motion
for set-off.
Conclusion [11] The trial court did not err by denying Angela’s motion for set-off. Accordingly,
we affirm.
5 We need not decide whether Pamela’s Estate or any other persons also have a claim to Judgment 1.
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 7 of 8 [12] Affirmed.
Mathias, J., and Weissmann, J., concur.
ATTORNEY FOR APPELLANT Michael L. Carmin CarminParker, PC Bloomington, Indiana
ATTORNEY FOR APPELLEES Paul J. Watts England Law Office, P.C. Spencer, Indiana
Court of Appeals of Indiana | Opinion 23A-PL-2234 | May 20, 2024 Page 8 of 8