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FIDELITY FINANCIAL SERVICES v. SIMS

No. 49A02-9306-CV-263.

630 N.E.2d 572 (1994)

FIDELITY FINANCIAL SERVICES, Inc., Appellant-Plaintiff, v. John A. SIMS, Ernestine Murphy Sims, Marko Suljagic, Charmaine Suljagic, Auto Sales and Service, Inc., Board of Commissioners of Marion County, City of Indianapolis, Department of Public Works, Auditor of Marion County, Treasurer of Marion County and Assessor of Marion County, Appellees-Defendants.

Court of Appeals of Indiana, Third District.

March 21, 1994.

Attorney(s) appearing for the Case

William F. Thompson, Indianapolis, for appellant.

H. Kim TeKolste, Indianapolis, for appellees Marko and Charmaine Suljagic.

HOFFMAN, Judge.

Appellant-plaintiff Fidelity Financial Services, Inc. appeals the trial court's entry of summary judgment in favor of defendants-appellees Marko Suljagic and Charmaine Suljagic.1

The facts pertinent to the appeal are not disputed by the parties. In November 1986, Fidelity recorded its mortgage on property owned by John A. Sims and Ernestine Murphy Sims. In February 1988, Fidelity instituted foreclosure proceedings...

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