Adam Tempest v. FIFTH THIRD BANK, NATIONAL ASSOCIATION

── Adam Tempest v. FIFTH THIRD BANK, NATIONAL ASSOCIATION ── Case No.: 22A-PL-02222 Court: Indiana Court of Appeals Date: March 31, 2023 Author: Judge Elaine Brown County of Origin: Decatur Category: Civil Decision: Dismissed Judge Bailey and Judge Weissmann concur On May 10, 2022, Tempest filed a “Statement of complaint” alleging Fifth Third was “not the holder in due course” or “a party of interest” and he did not “have an obligation to pay.” 1 Appellee’s Appendix Volume II at 7. A copy of a promissory note dated April 20, 2020, attached to the complaint states that, in return for a loan he received, Tempest agreed to pay $104,500 plus interest to Fifth Third. On June 10, 2022, Fifth Third filed a motion to dismiss. Fifth Third argued: “[t]his action is the seventh lawsuit Mr.