Legal Opinion

Stainbrook v. Low

Indiana Court of Appeals

Decided February 13, 2006No. 40A05-0505-CV-257PublishedCited by 6 opinions

1Opinion of the Court

"OPINION

VAIDIK, Judge.

Case Summary

David Stainbrook, as personal representative of the Estate of Howard W. Stain-brook, appeals the trial court's grant of specific performance of a real estate agreement to Trent Low. We find (1) that the trial court properly denied the Estate's motion to dismiss for lack of verification because the Estate failed to bring their motion until the start of trial, and the claimant was available and prepared to testify at that time, and (2) that specific performance was an appropriate remedy in this case. Therefore, we affirm.

Facts and Procedural History

The dispute…

2Cases cited17 opinions

  1. Jackson v. BlanchardIndiana Court of Appeals · 1992
  2. Henthorne v. Legacy Healthcare, Inc.Indiana Court of Appeals · 2002
  3. Ames v. AmesIndiana Court of Appeals · 1910
  4. Claise v. BernardiIndiana Court of Appeals · 1980
  5. Mid-States General & Mechanical Contracting Corp. v. Town of GoodlandIndiana Court of Appeals · 2004

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3Cited by6 opinions

  1. Cash in a Flash, Inc. v. McCulloughIndiana Court of Appeals · 2006
  2. Slavojka Pistalo v. Progressive Casualty Insurance Company and The Estate of Iris M. WilksIndiana Court of Appeals · 2012
  3. In the Matter of the Paternity of H.J., Melissa R. Jallow v. William R. Fat-Anthony (mem. dec.)Indiana Court of Appeals · 2015
  4. Paul Shafer v. Jason W. GrubeIndiana Court of Appeals · 2026
  5. Reeda Short and The Short Irrevocable Trust, Ronald Short, Trustee v. Sandra K. Johnson and K. Diane Pennington (mem. dec.)Indiana Court of Appeals · 2020

1 more not listed; retrieve them via the Exa API.

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