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FOR PUBLICATION
ATTORNEYS FOR APPELLANT: STEVEN W. HANDLON MARGARET A. WILLIFORD Handlon & Handlon Portage, Indiana ATTORNEYS FOR APPELLEE: HUGO E. MARTZ Martz & Boyles Valparaiso, Indiana KENT M. FRANDSEN CAROL SPARKS DRAKE Parr Richey Obremskey & Morton Lebanon, Indiana

IN THE COURT OF APPEALS OF INDIANA
PORTER DEVELOPMENT, LLC and EAGLE SERVICES CORPORATION, Appellant-Defendant, vs. FIRST NATIONAL BANK OF VALPARAISO Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) ) )

No. 64A04-0502-CV-95

APPEAL FROM THE PORTER SUPERIOR COURT The Honorable David L. Chidester, Judge Cause No. 64D02-0212-PL-10373

November 22, 2005 OPINION - FOR PUBLICATION

RILEY, Judge

STATEMENT OF THE CASE Appellant-Defendant, Porter Development, LLC (Porter), appeals the trial court's grant of summary judgment in favor of Appellee-Plaintiff, First National Bank of Valparaiso (First National) and the trial court's denial of their Cross-Motion for Summary Judgment. 1 Additionally, First National appeals the trial court's denial of their claim for costs, expenses, and attorney's fees. We affirm. 2 ISSUES 3 Porter raises three issues on appeal, two of which we find dispositive and consolidate into the following one issue: Whether the trial court erred in finding that interpleader was appropriate. On Cross-Appeal, First National raises one issue, which we restate as: Whether the trial court erred in finding that First National was not entitled to recover costs and expenses, including attorney's fees, pursuant to Ind. Code

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