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S & B CONST., LLC v. OLD FORT, LLC

No. 02A05-0401-CV-55.

826 N.E.2d 32 (2005)

S & B CONSTRUCTION, LLC, f/k/a The Skinner & Broadbent Construction Company, LLC, Greystone Architects, Inc., T-G Enterprises, Ltd., d/b/a Gloyd Concrete, and J-D Realty, LLP, Appellants-Defendants, v. OLD FORT, LLC, Neal F. Harding, Lawrence A. Shapin, Maurice E. John, Jr., MD., Robert D. Knox, M.D., and Branch Banking & Trust Co., f/k/a Bank of Louisville, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied June 7, 2005.

Attorney(s) appearing for the Case

R.C. Richmond, III, Sommer Barnard Ackerson, PC, Indianapolis, IN, Attorney for Appellants S & B Construction, LLC, f/k/a The Skinner & Broadbent Construction Company, LLC, and Greystone Architects, Inc.

R. John Wray, Wray Law Office, Fort Wayne, IN, Attorney for Appellants T-G Enterprises, Ltd., d/b/a Gloyd Concrete, and J-D Realty, LLP.

Steven J. Ouelette, Fort Wayne, IN, Attorney for Appellees Harding, Shapin, John & Knox.

OPINION

KIRSCH, Chief Judge.

S & B Construction, LLC, Greystone Architects, Inc., Gloyd Concrete, and J-D Realty, LLP (collectively, the "lienholders") bring this interlocutory appeal from the entry of partial judgment in favor of Neal Harding, Lawrence Shapin, Maurice John, Jr., Robert Knox (collectively, "Old Fort's members"), Old Fort, LLC, and Branch Banking & Trust Co. (the "Bank"). Specifically, the lienholders raise the following dispositive...

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