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MILLER v. MARTIG

No. 33A01-0009-CV-326.

754 N.E.2d 41 (2001)

Nancy G. MILLER and Kimball Eugene Miller, Appellants-Plaintiffs, v. John MARTIG, D.O., Nancy W. Griffith, M.D., New Castle Family Physicians, P.S.C., Henry County Memorial Hospital, Sally McCarty, Commissioner of the Indiana Department of Insurance, John M. Ross, Panel Chairman, Appellees-Defendants.

Court of Appeals of Indiana.

August 27, 2001.

Attorney(s) appearing for the Case

Stephen B. Caplin, Terry Kaiser Park, Samuel R. Robinson, Caplin Park Tousley & McCoy, Indianapolis, IN, Attorneys for Appellants.

Michael D. Conner, Spitzer Herriman Stephenson Holderead Musser & Conner, LLP, Marion, IN, Attorney for Appellee John Martig, D.O.

OPINION

BAKER, Judge.

Appellants-plaintiffs Nancy and Kimball Miller (collectively, the Millers) appeal the trial court's grant of summary judgment in favor of the appellee-defendant, Dr. John Martig. Specifically, the Millers contend that the trial court lacked the authority to grant Dr. Martig's petition for a preliminary determination of law, and that the entry of summary judgment was inappropriate because...

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