FROM GREENUP CIRCUIT COURT HONORABLE JEFFREY L. PRESTON,
JUDGE ACTION NO. 13-CI-00196
FOR APPELLANT: Matthew J. Warnock
FOR APPELLEE: Jeffrey D. Hensley
BEFORE: COMBS, JOHNSON, D. LAMBERT, JUDGES.
Callihan ("Terry") brings this appeal from an order
of the Greenup Circuit Court, Family Division, sustaining
Brianna Callihan's ("Brianna") motion seeking
indemnity and reimbursement from Terry for litigation filed
against her by PNC Bank, along with payment for her
attorney's fees. After reviewing the record in
conjunction with the applicable legal authorities, we AFFIRM
the Greenup Circuit Family Court.
and Brianna married on November 18, 1994, separated on March
30, 2013, and both parties signed a Settlement Agreement on
May 8, 2014. The family court entered its Findings of Fact,
Conclusions of Law and Decree of Dissolution on May 13, 2014,
incorporating the aforementioned Settlement Agreement between
co-owner of a heating and air conditioning company, obtained
a loan from PNC Bank in 2002. The note for the loan was
signed by Terry and his business partner as the principals on
the loan, but Brianna and the business partner's wife
signed the loan as guarantors. The parties defaulted on the
note. Terry filed for relief under the United States
Bankruptcy Code and discharged his personal liability for the
loan. The business partner and the business partner's
wife worked out a settlement agreement with the bank to
resolve their liability on the debt. PNC Bank sued Brianna on
January 25, 2016, to collect the remainder of what was owed
on the loan.
filed a Verified Motion for Contempt on February 26, 2016, to
hold Terry in contempt, alleging that he failed to comply
with the terms of the parties' Settlement Agreement that
was incorporated into the parties' final divorce decree.
She moved the family court to compel Terry to indemnify her
"for any monies paid to PNC and for all costs and
attorney fees associated with defending said action and also
all costs and attorney fees associated with filing this
Motion in family court."
relevant portions of the parties' Settlement Agreement
state the following:
Paragraph 4: MARITAL DEBT: Each party shall be responsible
for any and all debt solely in their name or in their
. . . .
Paragraph 14: BUSINESS DEBT: [Terry] agrees to hold harmless
and indemnify [Brianna] for any debts or obligations