IN RE ESTATE OF TOLLEY

No. 52A02-1208-EU-671.

982 N.E.2d 1061 (2013)

In the Matter of the ESTATE OF Samuel L. TOLLEY, Deceased, First Merchants Bank, N.A., Appellant, v. Duane Earl Tolley, and Betty June Tolley, Appellees.

Court of Appeals of Indiana.

February 13, 2013.


Attorney(s) appearing for the Case

Jason W. Bennett , Bennett Boehning & Clary LLP, Lafayette, IN, Attorney for Appellant.

John Johnston , Johnston & Johnston, Wabash, IN, Attorney for Appellees.


OPINION

BROWN, Judge.

First Merchants Bank, N.A., ("First Merchants") appeals the trial court's order granting summary judgment to the Estate of Samuel Tolley (the "Estate"). First Merchants raises one issue which we revise and restate as whether the court erred in granting the Estate's motion for summary judgment and in denying its motion for summary judgment. We reverse and remand.

FACTS

Samuel Tolley died on November 17, 2010. On December...

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