Luiz Alves (“Alves”) appeals the trial court’s entry of summary judgment in favor of Old National Bank f/k/a St. Joseph Capital Bank (“Old National”). Alves raises three issues on appeal, which we consolidate and restate as: Whether the trial court erred in entering judgment as a matter of law for Old National.
Conclusion (slip op. at 8): Old National designated evidence supporting a prima facie showing that there was no genuine issue as to any material fact. Alves therefore could not rest upon his mere allegations, but was required to designate evidence that he gave the required written notice to Old National, that Old National owed him a duty and that it caused the termination of his employment and/or his removal from MEG. To the contrary, Alves asserted without clear evidentiary support that he gave constructive notice of his claim to Old National. His designated evidence established only that Old National loaned him money and that he agreed to repay it. No duty arose and therefore no duty was breached. For these reasons, we conclude that the entry of summary judgment was proper.
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