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SONGER v. CIVITAS BANK

No. 23S01-0207-CV-360.

771 N.E.2d 61 (2002)

Stephen A. SONGER and Country Concrete, Inc., Appellants (Defendants), v. CIVITAS BANK f/k/a Citizens Bank of Western Indiana, Appellee (Plaintiff).

Supreme Court of Indiana.

July 2, 2002.

Attorney(s) appearing for the Case

John G. Forbes, Bruce A. Kotzan, Julie Z. Schmitt, Maggie L. Smith, Sommer & Barnard, PC, Indianapolis, IN, Attorneys for Appellants.

L.R. Wheatley, Danville, IN, Attorney for Appellee.

Jonathan R. West, Indianapolis, IN, Attorney for Amicus Curiae Federal Home Loan Bank of Indianapolis.

Theodore J. Nowacki, Bryan H. Babb, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Amicus Curiae Indiana Bankers Association, Inc.

SHEPARD, Chief Justice.

Recent practice and case law has inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity "draws the whole lawsuit into equity." We think this narrows the right to trial by jury as guaranteed by the Indiana Constitution.

Facts and Procedural History

Appellant Stephen A. Songer is chairman of the board and chief executive officer of CentreBank...

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