MT. VERNON — The Fifth District Appellate Court has reversed Fayette County Judge Kevin S. Parker, finding that he erred in returning rents owed to the defendant bank.
Justice Randy Moore delivered the Rule 23 decision on Nov. 17 with Justices Thomas Welch and Michael McHaney concurring.
The Vandalia Levee and Drainage District appealed after Parker issued an order on Feb. 17, 2022, denying their motions to turn over funds held by defendants Fred Keck, Guaranteed Air Freight Forwarding Inc., Parish Holdings LP, Kaskaskia Land Company, Patricia Emerick and others.
Parker also granted a motion to dismiss by Kaskasia Land Company and Smart Logistics and ordered rents in the possession of third-party respondent, Jacob Smith, to be turned over and paid to intervenor Peoples National Bank and credited the mortgage indebtedness.
The Fifth District found that the circuit court erred in awarding Peoples National Bank the rents owed to Kaskaskia Land Company by Smith instead of awarding those rents to the Vandalia Levee and Drainage District.
The Fifth District reversed that part of the ruling and remanded it for further proceedings.
Fifth District Appellate Court case number 5-22-0180