Kintzele v. Przybylinski
Indiana Court of Appeals
1Opinion of the Court
OPINION
SHARPNACK, Chief Judge.
James Kintzele and Realty World-Steve Baker Real Estate (collectively “the Appellants”) appeal the trial court’s denial of their motion to tax costs and attorney’s fees against the plaintiff-appellees, Paul and Cynthia Przybylinski. The Appellants raise one issue for our review which we restate as whether the trial court erroneously determined that they had waived their claim for attorney’s fees. We reverse and remand.
The facts most favorable to the judgment follow. On December 2, 1990, the Przybyl-inskis purchased a house from John and Erin Mule. Kintzele, an…
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