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MERCANTILE NAT. BANK v. UNDERWOOD

No. 56A03-0902-CV-52.

906 N.E.2d 881 (2009)

MERCANTILE NATIONAL BANK OF HAMMOND, a corporation, as Trustee under the provisions of a certain Trust Agreement dated the 25th day of June, 1975, known as Trust Number 3346, J.R. Construction Co., and Joseph Ramacci, Appellants-Plaintiffs, v. Robert UNDERWOOD, Appellee-Supplemental Defendant.

Court of Appeals of Indiana.

May 18, 2009.

Attorney(s) appearing for the Case

Michael L. Muenich, Highland, IN, Attorney for Appellants.

Kathryn D. Schmidt, Burke Costanza & Cuppy, LLP, Merrillville, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

These parties and long-running litigation, which began in 1995, have been here before. In this appeal, we must determine whether a claim was "commenced" within the statute of limitations when it was initially improvidently filed as part of a proceeding supplemental. The answer is yes.

Appellants-plaintiffs Mercantile National Bank of Hammond, a corporation, as Trustee under the provisions of a certain Trust Agreement dated...

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