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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: R. BRIAN WOODWARD MARK A. GOODRICH Casale Woodward & Buls, LLP Merrillville, Indiana ATTORNEYS FOR APPELLEES: DAVID C. JENSEN KAROL A. SCHWARTZ Eichhorn & Eichhorn Hammond, Indiana STEPHEN E. SCHEELE DANA J. HADA Goodman Katz & Scheele Highland, Indiana PHILIP E. KALAMAROS Hunt Suedhoff Kalamaros, LLP St. Joseph, Michigan

IN THE COURT OF APPEALS OF INDIANA
GREGORY W. BROWN, Appellant-Plaintiff, vs. J. MICHAEL KATZ, et al., Appellees-Defendants. ) ) ) ) ) ) ) ) )

No. 45A05-0701-CV-43

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable John H. Pera, Judge Cause No. 45D10-0405-PL-74

July 2, 2007 OPINION - FOR PUBLICATION

BAKER, Chief Judge Appellant-plaintiff Gregory W. Brown (Brown) appeals the trial court's dismissal of his malicious prosecution action against appellees-defendants J. Michael Katz (Katz), Jonathan Alpert (Alpert), the law firm of Goodman, Katz, Scheele & Bauswell (Katz firm), Lilly M. Schaefer (Schaefer), the law firm of Kopko, Genetos & Retson, LLP (Kopko firm), the Estate of Margaret Jewett (the Estate), the Margaret Jewett Living Trust (the Living Trust), James Jewett (Jewett), individually and as the alternate trustee of the Living Trust, and BroTwo, Inc. (BroTwo) (collectively, the appellees). Specifically, Brown argues that the trial court erred by dismissing his action after determining that he had failed to adequately comply with a discovery order. Finding that the trial court had given Brown sufficient opportunity to comply with its discovery orders, we conclude that the trial court did not abuse its discretion by dismissing the action, and we affirm the judgment of the trial court. FACTS Prior Lawsuits The instant cause stems from two underlying lawsuits. On May 16, 2000, Nancy Kaftanich (Kaftanich) and Eric Boesch (Boesch) (collectively, the plaintiffs) filed a complaint against Margaret Jewett (Margaret), 1 individually and as the trustee of the Living Trust, and Jewett, individually and as the alternate trustee of the Living Trust. The action was assigned cause number 45D01-0005-CP-147 (cause 147). Eric Neff (Neff) represented both Kaftanich and Boesch, and Brown--the plaintiff in the action at issue herein--entered

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Margaret died on June 12, 2000.

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an appearance on behalf of Kaftanich on April 10, 2001. The cause 147 complaint alleged that Kaftanich and Boesch had been partners in the restaurant and tavern business, had purchased the Hoosier Buddy Saloon (the Saloon) in Hammond in 1990, had transferred legal title of the Saloon to the Living Trust in 1992, and that Kaftanich had entered into an agreement with Margaret, individually and as trustee of the Living Trust, to purchase the Saloon's legal title and real estate in 1999. After complications arose regarding Kaftanich's purchase, the plaintiffs filed the cause 147 complaint, alleging breach of contract, unlawful conversion, and violations of the Indiana Uniform Partnership Act. 2 The plaintiffs later amended their complaint to include additional defendants, including BroTwo,3 a corporation that held the Saloon's alcohol permit. On January 21, 2003, the trial court dismissed cause 147, concluding that the plaintiffs had failed to state claims upon which relief could be granted. We upheld the trial court's dismissal of the case in a memorandum decision on appeal. Kaftanich v. Jewett, et al., No. 45A03-0305-CV-154 (Ind. Ct. App. Feb. 9, 2004). On May 15, 2002, Jewett, the Estate, and BroTwo (collectively, the plaintiffs) filed a separate complaint against Kaftanich, Boesch, and their cause 147 attorneys--Brown and Neff--alleging malicious prosecution. The action was assigned cause number 45D01-0205PL-100 (cause 100). 4 Katz 5 represented Jewett, Alpert 6 represented BroTwo, and Schaefer 7

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Indiana Code

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