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CADLE CO. II, INC. v. OVERTON

No. 32A01-0601-CV-21.

857 N.E.2d 433 (2006)

The CADLE COMPANY II, INC., Appellant-Plaintiff, v. Robert OVERTON, Appellee-Defendant.

Court of Appeals of Indiana.

November 30, 2006.

Attorney(s) appearing for the Case

Bret S. Clement, Ayres Carr & Sullivan, Indianapolis, IN, Attorney for Appellant.

Clifford W. Shepard, Indianapolis, IN, Attorney for Appellee.

OPINION

MAY, Judge.

The Cadle Company II ("Cadle") appeals summary judgment in favor of Robert Overton. Cadle argues the statute of limitation was tolled by Overton's absence from Indiana. The statute of limitation is tolled by a party's absence from Indiana unless that party has an agent for service of process in Indiana. The Indiana Trial Rules deem the Secretary of State the agent for service of process and detail how service may be made on the Secretary...

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