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MILLER v. YEDLOWSKI

No. 49A02-0901-CV-78.

916 N.E.2d 246 (2009)

Marvin Jay MILLER, M.D., Appellant-Defendant, v. Tiffany Brook YEDLOWSKI, Deceased, Mario Yedlowski and Kim Rinehart, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 10, 2009.

Attorney(s) appearing for the Case

Michael E. O'Neill, Jeremy W. Willett, Hinshaw & Culbertson, LLP, Schererville, IN, Attorneys for Appellant.

Robert T. Dassow, Hovde Dassow & Deets, LLC, Indianapolis, IN, Attorney for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

In the interlocutory appeal of this medical negligence case, Marvin Jay Miller, M.D., appeals the trial court's denial of his motion for summary judgment. According to established Indiana law, when a nonmoving party fails to respond to a motion for summary judgment within thirty days by either filing a response, requesting a continuance under Indiana Trial Rule 56(I), or filing an affidavit under Indiana Trial...

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