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POHLE v. CHEATHAM

No. 40A05-9908-CV-353.

724 N.E.2d 655 (2000)

Michael POHLE, Appellant-Defendant, v. Doris CHEATHAM, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 29, 2000.

Attorney(s) appearing for the Case

Mark J. Dove, Rogers & Dove, North Vernon, Indiana, Attorney for Appellant.

Thomas J. Lantz, Montgomery, Elsner & Pardieck, Seymour, Indiana, Attorney for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Michael Pohle brings this interlocutory appeal of the trial court's grant of appellee-plaintiff Doris Cheatham's motion for partial summary judgment, regarding Pohle's affirmative defense of waiver. Specifically, Pohle argues that waiver is a question of fact for the jury to determine and, therefore, cannot be resolved by summary judgment. Further, Pohle contends that the trial

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