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LANDMARK v. BRADBURY

No. 43S04-9505-CV-576.

671 N.E.2d 113 (1996)

LANDMARK HEALTH CARE ASSOCIATES L.P.-1989-A, an Indiana Limited Partnership, D/B/A Prairie View Health Care Center; The Landmark Corporation et al., Appellants (Defendants Below), v. Barbara L. BRADBURY, Laura L. Disher and Linda A. Ketrow, Trustees of James R. Bradbury, beneficiary and N. Charlene Bradbury, 614 Nancy Street, Warsaw, Indiana 46580, Appellees (Plaintiffs Below).

Supreme Court of Indiana.

October 2, 1996.

Attorney(s) appearing for the Case

Jeffrey C. McDermott, James W. Stevenot, Krieg DeVault Alexander & Capehart, Indianapolis, for Appellant.

Duane G. Huffer, Warsaw, for Appellee.

ON PETITION TO TRANSFER

SELBY, Justice.

Two questions are involved in this appeal: (1) whether summary judgment is appropriate in this case, and (2) whether the trial court abused its discretion by ordering the defendant to pay a judgment which included an interest rate in excess of the statutory rate. We affirm the trial court's grant of summary judgment, but we remand for modification due to the imposition of an excessive interest rate.

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