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ALVES v. OLD NAT. BANK

No. 71A03-0909-CV-416.

929 N.E.2d 892 (2010)

Luiz ALVES, Appellant-Petitioner, v. OLD NATIONAL BANK, f/k/a/ St. Joseph Capital Bank, Appellee-Respondent.

Court of Appeals of Indiana.

July 1, 2010.

Attorney(s) appearing for the Case

Luiz Alves, Granger, IN, pro se.

Steven L. Hostetler, Thorne Grodnik, LLP, Mishawaka, IN, James R. Byron, Thorne Grodnik, LLP, Elkhart, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Luiz Alves appeals the trial court's denial of his Indiana Trial Rule 60(B) motion for relief from judgment, which was based on newly-discovered evidence and fraud pursuant to subsections (2) and (3). Because Alves filed his Trial Rule 60(B) motion more than one year after the trial court granted summary judgment in favor of Old National Bank and Alves' earlier appeal of that judgment does not toll the one-year...

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