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OXLEY v. MATILLO

No. 32A05-0011-CV-501.

747 N.E.2d 1179 (2001)

Lana K. OXLEY and Leon A. Oxley, Appellants-Plaintiffs, v. Vicki S. MATILLO, Appellee-Defendant.

Court of Appeals of Indiana.

May 25, 2001.

Attorney(s) appearing for the Case

Christian M. Lenn, Raibley & Lenn, LLP, Jon K. Aarstad, Evansville, IN, Attorneys for Appellants.

Patrick J. Dietrick, Brizzi Collignon & Dietrick, P.C., Indianapolis, IN, Attorney for Appellee.

OPINION

BAKER, Judge.

Appellants-plaintiffs Lana K. Oxley and Leon A. Oxley (Oxleys) appeal the trial court's dismissal of their tort action against appellee-defendant Vicki S. Matillo. Specifically, the Oxleys contend that the filing of their complaint tolled the statute of limitations even though they never tendered a summons to Matillo.

FACTS

The undisputed facts are that on April 28, 1998, the Oxleys and Matillo were involved...

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