MERCANTILE NAT. BANK v. FIRST BUILDERS

No. 45A03-9904-CV-132.

732 N.E.2d 1287 (2000)

MERCANTILE NATIONAL BANK OF INDIANA, as Trustee for Trust # 5840, and Horst and Marianne Thompson, Appellants-Defendants, v. FIRST BUILDERS OF INDIANA, INC., and Schilling Brothers Lumber and Hardware, Inc., Appellees-Plaintiffs.

Court of Appeals of Indiana.

August 15, 2000.


Attorney(s) appearing for the Case

Anthony DeBonis, Jr., David S. Gladish, Smith & DeBonis, Highland, Indiana, Attorneys for Appellants.

Thomas L. Kirsch, Munster, Indiana, Attorney for Appellee, Schilling Brothers Lumber and Hardware, Inc.

Fred M. Cuppy, Katheryn D. Schmidt, Kevin E. Steele, Burke Costanza & Cuppy, LLP, Merrillville, Indiana, Attorneys for Appellee, First Builders of Indiana, Inc.


OPINION

MATTINGLY, Judge

Mercantile National Bank of Indiana1 and Horst and Marianne Thompson (collectively, "the Thompsons") appeal a trial court judgment in favor of Schilling Brothers Lumber and Hardware, Inc. ("Schilling").2 The Thompsons raise two issues on appeal, which we restate as:

1. Whether the trial court erred when it determined Schilling was entitled to a judgment against the...

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