Legal Opinion

Estate of Penzenik v. Penz Products, Inc.

Indiana Court of Appeals

Decided May 14, 2001No. 71A03-0010-CV-351PublishedCited by 7 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

Linda Penzenik, personal representative of the Estate of Gregory J. Penzenik (Estate), appeals the trial court’s judgment requiring the Estate to sell its shares of Penz Products, Inc. (Penz) stock to Penz pursuant to a 1991 buy-sell agreement (Agreement), raising numerous issues for review. We address only one, which we find dispositive: whether Penz’s petition for specific performance was timely filed under IC 29-1-14-21.

We reverse.

FACTS AND PROCEDURAL HISTORY

Penz is a closely held corporation owned by members of the Penzenik family. In 1991, the shareholders executed…

2Cases cited5 opinions

  1. Menard, Inc. v. Dage-MTI, Inc.Indiana Supreme Court · 2000
  2. Matter of Estate of WilliamsIndiana Court of Appeals · 1980
  3. Metropolitan Development Commission v. SchroederIndiana Court of Appeals · 2000
  4. Perkins v. OwensIndiana Court of Appeals · 1999
  5. Estate of Baker v. LahrmanIndiana Court of Appeals · 1987

3Cited by7 opinions

  1. Fairfield Development, Inc. v. Georgetown Woods Senior Apartments Ltd. PartnershipIndiana Court of Appeals · 2002
  2. Stainbrook v. LowIndiana Court of Appeals · 2006
  3. Steen and Berg Co. v. BergNorth Dakota Supreme Court · 2006
  4. Bettenhausen v. GodbyIndiana Court of Appeals · 2008
  5. In the Matter of the Estate of Samuel L. Tolley, First Merchants Bank, N.A. v. Duane Earl Tolley, and Betty June TolleyIndiana Court of Appeals · 2013

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