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KLINKER v. FIRST MERCHANTS BANK, N.A.

No. 01A04-1003-PL-247.

938 N.E.2d 846 (2010)

Harold J. KLINKER, Appellant-Defendant, v. FIRST MERCHANTS BANK, N.A., Appellee-Plaintiff.

Court of Appeals of Indiana.

December 17, 2010.

Attorney(s) appearing for the Case

J. Brian Tracey , Gevers & Tracey, Fort Wayne, IN, Attorney for Appellant.

Scott B. Ainsworth , DeVoss, Johnson, Zwick, Baker & Ainsworth, Decatur, IN, Attorney for Appellee.

OPINION

MAY, Judge.

Harold J. Klinker1 (Klinker) appeals summary judgment for First Merchants Bank, N.A. (Bank). Klinker raises multiple issues, but we address only two:

1. Did the trial court err when excluding Klinker's affidavit? 2. Was summary judgment for Bank appropriate?

The trial court should have considered Klinker's affidavit in opposition to Bank...

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