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HK NEW PLAN MARWOOD v. ONOFREY FOOD SERV.

No. 49A04-0508-CV-437.

846 N.E.2d 318 (2006)

HK NEW PLAN MARWOOD SUNSHINE CHEYENNE, LLC, A Delaware Limited Liability Company and Wholly-Owned Subsidiary of New Plan Excel Realty Trust, Inc., Appellant-Plaintiff, v. ONOFREY FOOD SERVICES, INC. d/b/a Piezanos Pizza and David Onofrey, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied July 6, 2006.

Attorney(s) appearing for the Case

Benjamin L. Niehoff, Andrews Harrell Mann Carmin & Parker, Bloomington, for Appellant.

T. Jay Curts, Erin M. Maloy, Coots Henke & Wheeler, Carmel, for Appellees.

OPINION

SHARPNACK, Judge.

In this interlocutory appeal, HK New Plan Marwood Sunshine Cheyenne, LLC, ("New Plan") appeals the trial court's denial of its motion for summary judgment and the trial court's grant of summary judgment to David Onofrey ("Onofrey"). New Plan raises two issues, which we consolidate and restate as whether Onofrey's guaranty of the lease between Onofrey Food Services, Inc., and New Plan was enforceable. We reverse and remand.

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