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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT: HAROLD T. HARPER Harper & Rogers Valparaiso, Indiana ATTORNEYS FOR APPELLEES: PETER H. POGUE DONALD B. KITE JILL M. EMERSON Schultz & Pogue Carmel, Indiana

IN THE COURT OF APPEALS OF INDIANA
SETH WEINGLASS, ) ) Appellant-Respondent/Plaintiff, ) ) vs. ) ) NOEL WILKINS, D.O. and ) MARK CIANCONE, M.D., ) ) Appellees-Petitioners/Defendants, ) ) and ) ) FADI RUAD HADDAD, M.D., BLOOMINGTON ) HOSPITAL, INC. d/b/a BLOOMINGTON ) HOSPITAL AND HEALTHCARE SYSTEMS, ) INDIANA UNIVERSITY HEALTH CENTER, ) TRUSTEES OF INDIANA UNIVERSITY and ) JIM ATTERHOLT, Commissioner of the Indiana ) Department of Insurance, ) ) Appellees-Third Party Respondents. )

No. 53A01-0601-CV-23

APPEAL FROM THE MONROE CIRCUIT COURT The Honorable Stephen R. Galvin, Judge Cause No. 53C06-0510-PL-2007

September 25, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION SHARPNACK, Judge

Seth Weinglass appeals the trial court's dismissal with prejudice of his proposed complaint for medical malpractice against Noel Wilkins, D.O., Mark Ciancone, M.D., Fadi Faud Haddad, M.D., Bloomington Hospital, Inc., d/b/a Bloomington and Healthcare Systems, Indiana University Health Center, and the Trustees of Indiana University (collectively, "Doctors"). Weinglass raises one issue, which we restate as whether the trial court abused its discretion by dismissing with prejudice Weinglass's proposed complaint for medical malpractice where his counsel failed to make a timely submission of evidence to the medical review panel. 1 We affirm. The facts most favorable to the dismissal of the proposed complaint follow. Following an alleged medical negligence occurring in January through February 2003, Weinglass filed with the Indiana Department of Insurance his Proposed Complaint against the Doctors. On April 21, 2004, the parties agreed to the selection of attorney Douglass J. Hill as chairman of the medical review panel. On March 17, 2005, the last

Specifically, it was alleged that Weinglass failed to comply with Ind. Code

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