Opinions July 1, 2010
Indiana Court of Appeals
Luiz
Alves v. Old National Bank f/k/a St. Joseph Capital Bank
71A03-0909-CV-416
Civil. Affirms denial of Alves’ Ind. Trial Rule 60(B) motion. Because he filed his motion more than one year after
the trial court granted summary judgment for Old National Bank and his earlier appeal of that judgment doesn’t toll
the 1-year limit applicable to motions brought pursuant to subsections (1)-(4), his motion is untimely. In addition, the evidence
on appeal doesn’t show the bank owed a duty to Alves or that the bank breached a duty by conspiring with his former
business partner to remove him from their company.