FIFTH THIRD BANK v. PEOPLES NAT. BANK

No. 49A02-0908-CV-753.

929 N.E.2d 210 (2010)

FIFTH THIRD BANK, Appellant, v. PEOPLES NATIONAL BANK, Appellee.

Court of Appeals of Indiana.

June 9, 2010.


Attorney(s) appearing for the Case

Mark R. Wenzel, Libby Y. Mote, Alicia Mitchell Chandler, Krieg DeVault, LLP, Indianapolis, IN, Attorneys for Appellant.

Steven L. Yount, Steven J. Kasyjanski, Indianapolis, IN, Attorneys for Appellee.


OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Fifth Third Bank ("Fifth Third") appeals the trial court's judgment in proceedings supplemental in favor of People's National Bank ("PNB").

We reverse and remand with instructions.

ISSUE Whether Fifth Third waived its right to enforce its security interest with respect to its indebted depositor's checking account and proceeds held therein.

FACTS<...

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