O'BRIEN v. 1ST SOURCE BANK

No. 71A05-0611-CV-677.

868 N.E.2d 903 (2007)

Robert M. O'BRIEN d/b/a Links Mortgage, Appellant-Defendant, v. 1ST SOURCE BANK, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 28, 2007.


Attorney(s) appearing for the Case

R. William Jonas, Jr., Hammerschmidt, Amaral & Jonas, South Bend, IN, Attorney for Appellant.

Patrick D. Murphy, Boveri Murphy Rice & LaDue, LLP, South Bend, IN, Attorney for Appellee.


OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Robert M. O'Brien appeals from the trial court's grant of summary judgment on the breach of contract claims of 1st Source Bank ("Bank"). O'Brien presents a single issue for our review, namely, whether the Bank acquired an enforceable lease against O'Brien from the bankruptcy of the Bank's borrower.

We affirm and remand with instructions.

FACTS AND PROCEDURAL HISTORY

On April...

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