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THE MONEY STORE INVESTMENT CORP. v. SUMMERS

No. 02A03-0404-CV-170.

822 N.E.2d 223 (2005)

THE MONEY STORE INVESTMENT CORPORATION d/b/a First Union Small Business Capital, Appellant, v. Neal A. SUMMERS, et al, Appellee.

Court of Appeals of Indiana.

Rehearing Denied April 18, 2005.

Attorney(s) appearing for the Case

Mark R. Galliher, Craig D. Doyle, Joanne B. Friedmeyer, James L. Shoemaker, Doyle & Friedmeyer, P.C., Indianapolis, IN, Attorneys for Appellant.

G. Martin Cole, Jeremy J. Grogg, Burt, Blee, Dixon, Sutton & Bloom, LLP, Fort Wayne, IN, Attorneys for Appellee.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

The Money Store Investment Corporation, d/b/a/ First Union Small Business Capital, ("Money Store"), appeals the trial court's order that granted summary judgment in its foreclosure action to intervenor and third-party plaintiff Paula Phillips. The order also held that Phillips had an in rem judgment against the real estate of Neal A. Summers, ordered foreclosure of various mortgages, and...

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