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NATIONAL CITY BANK, INDIANA v. SHORTRIDGE

No. 33S05-9712-CV-685.

689 N.E.2d 1248 (1997)

NATIONAL CITY BANK, INDIANA f/k/a Merchants National Bank and Trust Company of Indianapolis, and Philip F. Boberschmidt, Trustee in Bankruptcy of 3200 North Meridian Medical, Limited, Appellants (Plaintiffs Below), v. Douglass R. SHORTRIDGE, Douglass R. Shortridge, P.C., James R. Martin, and Martin & Beck, an Indiana Partnership, Appellees (Defendants Below).

Supreme Court of Indiana.

December 31, 1997.

Attorney(s) appearing for the Case

James A. Knauer, Marcia E. Roan, Kroger, Gardis & Regas, Indianapolis, for Appellant National City Bank, Indiana.

Neil E. Shook, Rubin & Levin, Indianapolis, for Appellant Philip F. Boberschmidt, Trustee in Bankruptcy.

James R. Martin, Martin & Humphrey, Kokomo, Douglass R. Shortridge, Indianapolis, E. Davis Coots, Coots Henke & Wheeler, Carmel, for Appellees.

ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

Lawyers representing a personal injury plaintiff filed a lis pendens notice against real estate owned by the defendants. A trial court ruled they were not entitled to do so and ordered the notice removed. Counsel nevertheless pursued a second lis pendens, the existence of which caused a sale of the property to collapse. These facts make out a case for abuse of process sufficient to survive summary judgment...

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