PURCELL v. OLD NAT. BANK

No. 49A02-1005-CT-482.

953 N.E.2d 527 (2011)

James C. PURCELL, Appellant-Plaintiff, v. OLD NATIONAL BANK, Appellee-Defendant.

Court of Appeals of Indiana.

August 12, 2011.


Attorney(s) appearing for the Case

Thomas D. Collignon , Patrick J. Dietrick , Collignon & Dietrick, P.C., Indianapolis, IN, William W. Wilkins , Dennis J. Lynch , Travis C. Wheeler , Nexsen Pruet, LLC, Columbia, SC, Attorneys for Appellant.

Mark J.R. Merkle , Greg A. Small , Krieg DeVault LLP, Indianapolis, IN, Attorneys for Appellee.


OPINION

MAY, Judge.

James Purcell appeals a directed verdict in favor of Old National Bank (ONB). On cross-appeal, ONB appeals the denial of its motion to fees and costs. We affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

In 1998, Purcell and Richard Knight established Midwest Fulfillment, Inc. (MWF), a company that provided order fulfillment services to retailers. As the company grew it began to offer temporary...

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