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FIFTH THIRD BANK v. COMARK, INC.

No. 49A02-0211-CV-921.

794 N.E.2d 433 (2003)

FIFTH THIRD BANK, Appellant-Plaintiff, v. COMARK, INC., Appellee-Defendant, Comark, Inc., Appellee-Plaintiff, v. Vertica Solutions, LLC, Fifth Third Bank, One Call Communications, Inc., and Switch & Data in One, Inc., Appellant-Defendant.

Court of Appeals of Indiana.

July 23, 2003.

Attorney(s) appearing for the Case

David J. Jurkiewicz, Feiwell & Hannoy, Indianapolis, IN, Attorney for Appellant.

Robert D. MacGill, Amy H. Joliet, Barnes & Thornburg, Charleyne L. Gabriel, Kunz & Opperman, Indianapolis, IN, Attorneys for Appellees.

OPINION

SHARPNACK, Judge.

Fifth Third Bank ("Fifth Third") appeals the trial court's grant of summary judgment to Comark, Inc., ("Comark"), denial of summary judgment to Fifth Third, and denial of Fifth Third's motion to correct error.1 Fifth Third raises two issues, which we restate as:

I. Whether the trial court erred by finding that Comark had a security interest in collateral owned by Vertica Solutions, LLC; and<...

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