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John Merchant v. Katz, Sapper & Miller, LLP
No. 25A-PL-1713
Civil. Interlocutory appeal from the Marion Superior Court, Judge James A. Joven. Affirms the trial court’s dismissal of Merchant’s claims for negligence and breach of fiduciary duty against Katz, Sapper & Miller, LLP. Holds the trial court properly granted the motion to dismiss because KSM owed no duty to Merchant, as there was no privity between them and Indiana law limits professional liability to clients or third parties known to rely on the professional’s work; the court also denies KSM’s request for appellate attorney’s fees, concluding Merchant’s appeal, while unsuccessful, was not frivolous or brought in bad faith. Judge Bradford authored the opinion. Judges Weissmann and DeBoer concur. Appellant’s attorney: Paul L. Jefferson, SLS Group, LLC, Carmel, Indiana. Appellee’s attorneys: Jayna M. Cacioppo, Vivek R. Hadley, Taft Stettinius & Hollister LLP, Indianapolis, Indiana.
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