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GARNELIS v. INDIANA STATE DEPT. OF HEALTH

No. 49A04-0308-CV-429.

806 N.E.2d 365 (2004)

Dimitrios GARNELIS and Laura Garnelis, Appellants-Plaintiffs, v. INDIANA STATE DEPARTMENT OF HEALTH, Appellee-Defendant.

Court of Appeals of Indiana.

April 20, 2004.

Attorney(s) appearing for the Case

Barbara J. Germano, Findling Garau Germano & Pennington, Indianapolis, IN, Attorney for Appellants.

Steve Carter, Attorney General of Indiana, Andrew A. Kobe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Judge.

Dimitrios Garnelis ("Dimitrios") and Laura Garnelis (collectively, "the Garnelises") appeal the trial court's grant of summary judgment to the Indiana State Department of Health ("the Health Department") and denial of summary judgment on their cross-motion for summary judgment. The issue we find dispositive is whether the Garnelises complied with the requirement of the Tort Claims Act to give notice of their claim within 270 days...

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