EB Investments, L.L.C. v. Pavilion Development, L.L.C.
Annotate this CaseEB Investments, LLC and Pavilion Development, LLC filed separate appeals to challenge elements of a circuit court order holding that Pavilion was entitled to redeem certain property in Madison County in which EB Investments and other parties held legal interests. In 1997, Pavilion initiated an action to redeem 19 acres of land purchased at a foreclosure sale. In the years since, the Supreme Court has issued three opinions deciding various issues stemming from Pavilion's attempted redemption of that property. The property was subject to bankruptcy protection. In connection with a settlement agreement, three mortgages were executed on the property. Pavilion, as one of the mortgagees, sought to enforce its right of redemption to the property. In 2010, a trial court entered judgment outlining the steps Pavilion needed to take to perfect and complete its redemption. EB Investments and Pavilion took opposing sides on most legal issues in this case; however, they both argued that the trial court's judgment is not an appealable judgment because it does not address all the pending issues and resolve all the pending claims in this case. Other interested parties who filed responses in this case argued that the trial court's order was sufficient and urged the Supreme Court to end this long-running dispute. Upon review, the Supreme Court dismissed the appeals and offered guidance to the trial court to help expedite a resolution.
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