Legal Opinion

Gertz v. Estes

Indiana Court of Appeals

Decided March 8, 2010No. 64A03-0909-CV-414PublishedCited by 7 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

David - and Nichelle Gertz (the "Gertzes") appeal the trial court's denial of their petition to modify a judgment requiring them to remove a "spite fence" near the property line between their property and the property of Douglas and Susan Estes (the "Esteses"). We affirm.

Issues

The Gertzes raise one issue, which we restate as whether the trial court erred by requiring them to completely remove a "spite fence." The Esteses argue that they are entitled to appellate attorney fees under Indiana Appellate Rule 66(E).

Facts

This is the second appeal in a dispute…

2Cases cited5 opinions

  1. Yanoff v. MuncyIndiana Supreme Court · 1997
  2. Goldsmith v. JonesIndiana Court of Appeals · 2002
  3. Nichols v. MinnickIndiana Supreme Court · 2008
  4. Potter v. HoustonIndiana Court of Appeals · 2006
  5. Gertz v. EstesIndiana Court of Appeals · 2008

3Cited by7 opinions

  1. In Re Paternity of PSSIndiana Supreme Court · 2010
  2. Chaney v. CLARIAN HEALTH PARTNERS, INC.Indiana Court of Appeals · 2011
  3. State of Indiana v. Chad T. Mooney, Brittany McCoolIndiana Court of Appeals · 2016
  4. Smith v. SmithIndiana Supreme Court · 2010
  5. In re the Paternity of William D. Anderson, III Gierly Perrigo Ingco v. William D. Anderson, Jr. (mem. dec.)Indiana Court of Appeals · 2015

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