Legal Opinion

Mercantile National Bank of Hammond v. Underwood

Indiana Court of Appeals

Decided May 18, 2009No. 56A03-0902-CV-52PublishedCited by 6 opinions

1Opinion of the Court

OPINION

BAKER, Chief Judge.

These parties and long-running litigation, which began in 1995, have been here before. In this appeal, we must determine whether a claim was "commenced" within the statute of limitations when it was initially improvidently filed as part of a proceeding supplemental. The answer is yes.

Appellants-plaintiffs Mercantile National Bank of Hammond, a corporation, as Trustee under the provisions of a certain Trust Agreement dated the 25th day of June, 1975, known as Trust Number 3346 (Mercantile), J.R. Construction Co., and Joseph Ramacci (collectively, the appellants),…

2Cases cited7 opinions

  1. Mitchell v. StevensonIndiana Court of Appeals · 1997
  2. Perryman v. Motorist Mutual Insurance Co.Indiana Court of Appeals · 2006
  3. Doughty v. State Department of Public WelfareIndiana Supreme Court · 1954
  4. Rollins Burdick Hunter of Utah, Inc. v. Board of Trustees of Ball State UniversityIndiana Court of Appeals · 1996
  5. Rose v. Mercantile National Bank of HammondIndiana Supreme Court · 2007

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. SALSBERY PORK PRODUCERS, INC. v. BoothIndiana Court of Appeals · 2012
  2. In Re RoseCourt of Appeals for the Seventh Circuit · 2009
  3. Mercantile National Bank v. RoseCourt of Appeals for the Seventh Circuit · 2009
  4. Gumwood HP Shopping Partners, L.P. v. Simon Property Group, Inc. (mem. dec.)Indiana Court of Appeals · 2015
  5. Neurology and Pain Management Associates P.C. v. BuninDistrict Court, N.D. Indiana · 2021

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API