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VoCare, Inc. v. AGS Capital, LLC, et al.
No. 25A-CC-2413
Appeal from the Hamilton Superior Court, Judge Michael A. Casati. VoCare, Inc. appeals the trial court’s order granting summary judgment in favor of AGS Capital, LLC and other investors. The court determined that the investors established a prima facie case for breach of contract due to VoCare’s non-payment on convertible promissory notes. VoCare’s arguments regarding the illegality of the notes and impossibility of performance were deemed waived and unpersuasive, as the trial court had no opportunity to address them. The court affirmed the trial court’s order. Judge Scheele authored the opinion, with Judges Bailey and Vaidik concurring. Appellant’s attorneys: Katherine M. Haire and Anthony L. Holton, Reminger Co. LPA, Indianapolis, Indiana; and Joseph S. Simms, Reminger Co. LPA, Cleveland, Ohio. Appellee’s attorneys: Jonathan D. Mattingly and Jeffrey N. Furminger, Mattingly Burke Cohen & Biederman LLP, Indianapolis, Indiana.
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