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CSICSKO v. HILL

No. 76A03-0308-CV-307.

808 N.E.2d 80 (2004)

John F. CSICSKO, M.D. and David P. Lloyd, M.D., as individuals and Cardiovascular Associates of Northeastern Indiana, LLC, a professional Corporation, and Thomas P. Ryan, D.O., an individual and as the partner of William E. Baltes, M.D., William E. Baltes, M.D., as the partner of Thomas P. Ryan, D.O., Steven N. Rhinehart, M.D., Fort Wayne Medical Oncology and Hematology, Appellants-Petitioners, v. John HILL and Susan Hill, Sally McCarty, Commissioner, Indiana Department of Insurance, and John Whiteleather, Chairman of the Medical Review Panel, Appellees-Respondents.

Court of Appeals of Indiana.

Publication Ordered May 11, 2004.

Attorney(s) appearing for the Case

Cathleen M. Shrader, John M. Clifton, Jr., Barrett & McNagny, LLP, Fort Wayne, IN, Attorneys for Appellants Steven Rhinehart and FT. Wayne Medical Oncology and Hematologoy.

Kenneth J. Allen, Brock Alvarado, Michael T. Terwilliger, Kenneth J. Allen Associates, P.C., Valparaiso, IN, Attorneys for Appellees.

Diane C. Bauer, Calvert S. Miller, Miller, Carson, Boxberger & Murphy, LLP, Fort Wayne, IN, Attorneys for Appellants John F. Csicsko, M.D., Cardiovascular Assoc. of Northeastern Indiana, LLC, PC, David P. Lloyd, M.D., Thomas P. Ryan, D.O., and William E. Baltes, M.D.

OPINION

ROBB, Judge.

Doctors John Csicsko, David Lloyd, Thomas Ryan, William Baltes, and Steven Rhinehart, Cardiovascular Associates of Northeastern Indiana, and Fort Wayne Medical Oncology and Hematology (collectively, the "physicians") appeal the trial court's order against them on their motion for preliminary determination. We affirm.

Issues

The physicians present two issues for our review, which we restate as the following:<...

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