Legal Opinion

Kintzele v. Przybylinski

Indiana Court of Appeals

Decided September 9, 1996No. 46A05-9512-CV-489PublishedCited by 11 opinions

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…

2Cases cited8 opinions

  1. Kahn v. CundiffIndiana Court of Appeals · 1989
  2. Fowler v. CampbellIndiana Court of Appeals · 1993
  3. Kahn v. CundiffIndiana Supreme Court · 1989
  4. Indiana Department of Public Welfare v. Chair Lance Service, Inc.Indiana Supreme Court · 1988
  5. United Farm Bureau Mutual Insurance Co. v. IraIndiana Court of Appeals · 1991

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3Cited by11 opinions

  1. Nelson v. MarchandIndiana Court of Appeals · 1998
  2. Smyth v. HesterIndiana Court of Appeals · 2009
  3. Turner v. Board of Aviation CommissionersIndiana Court of Appeals · 2001
  4. Montgomery v. Supervised Administration of the Estate of MontgomeryIndiana Court of Appeals · 1997
  5. Davidson v. Boone CountyIndiana Court of Appeals · 2001

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