SEUFERT v. RWB MEDICAL

No. 45A03-9404-CV-160.

649 N.E.2d 1070 (1995)

Wayne E. SEUFERT and Robert A. Heuel, Appellants-Defendants, v. RWB MEDICAL Income Properties I Limited Partnership, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

May 4, 1995.


Attorney(s) appearing for the Case

Kenneth R. Abbott, Guilfoyle Thomas & Abbott, Jeffersonville, for appellants.

Alan H. Lobley, Suzanne S. Crouch, Ice Miller Donadio & Ryan, Indianapolis, for appellee.


OPINION

GARRARD, Judge.

The plaintiff, RWB Medical Income Properties I Limited Partnership, (hereinafter "RWB") sued Wayne E. Seufert and Robert A. Heuel (collectively "Seufert") for breach of a commercial lease. The trial court granted RWB's motion for summary judgment after Seufert failed to file a response in 30 days. Seufert appeals, arguing that summary judgment was inappropriate because his request for discovery was still pending.

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