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DIVERSIFIED FINANCIAL SYSTEMS, INC. v. MINER

No. 43A03-9811-CV-473.

713 N.E.2d 293 (1999)

DIVERSIFIED FINANCIAL SYSTEMS, INC., Appellant-Defendant, v. Timothy MINER and Caroline Kay Miner, T.L. Miner Enterprises, Inc., Warsaw Federal Savings and Loan Association n/k/a Mutual Federal Savings Bank, First National Bank of Elkhart n/k/a Society Bank, Treasurer of Kosciusko County, Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 15, 1999.

Attorney(s) appearing for the Case

John C. Drier, Blachly, Tabor, Bozik & Hartman, Valparaiso, Indiana, Attorney for Appellant.

Jerilyn Southwick, Deputy Attorney General, Indianapolis, Indiana, Vern K. Landis Rockhill, Pinnick, Pequiont, Helm, Landis & Rigdon, James Walmer, Michael L. Miner, Valentine & Miner, Warsaw, Indiana, Attorneys for Appellees.

OPINION

BAKER, Judge

Appellant-counterclaim defendant Diversified Financial Systems, Inc. (Diversified) appeals the trial court's denial of its motion for summary judgment regarding the counterclaim of appellees-counterclaim plaintiffs Timothy and Caroline Miner, T.L. Miner Enterprises, et al. ("the Miners"). Specifically, Diversified argues that the promissory note on which it sought foreclosure...

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