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WACHOVIA FINANCIAL SERVICES v. DUNE HARBOR

No. 64A03-1008-MF-415.

948 N.E.2d 339 (2011)

WACHOVIA FINANCIAL SERVICES, INC., Appellant-Plaintiff, v. DUNE HARBOR, LLC, Cathryn Brant-Tullidge, Jeffrey W. Brant, James E. Brant, William J. Brant and Associates, L.P., First National Bank of Illinois, Unknown Owners, Non-Record Claimants, and Lefty's Co-Ho Landing, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

April 26, 2011.

Attorney(s) appearing for the Case

D. Lucetta Pope , Scott J. Fandre , Larry E. Latarte , Baker & Daniels LLP, South Bend, IN, Attorneys for Appellant.

John E. Hughes , Kevin G. Kerr , Hoeppner Wagner & Evans LLP, Valparaiso, IN, Attorneys for Appellees.

OPINION

ROBB, Chief Judge.

Case Summary and Issue

This case involves lenders who contend priority for their liens in the foreclosure of a failed real estate development project in Portage, Porter County, Indiana. Wachovia Financial Services, Inc. ("Wachovia") appeals from a trial court's summary judgment in favor of Lefty's Co-Ho Landing, Inc. ("Lefty's"). Wachovia raises four issues for our review, of which we find the first dispositive...

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