Legal Opinion

Hood's Gardens, Inc. v. Jason Young, Craig Meade d/b/a Discount Tree Excavation a/k/a D & E Tree Extraction

Indiana Court of Appeals

Decided September 4, 2012No. 29A04-1201-PL-8PublishedCited by 8 opinions

1Opinion of the Court

OPINION

DARDEN, Senior Judge.

STATEMENT OF THE CASE

Hood’s Gardens, Inc. (“HG”) 1 appeals the trial court’s dismissal of its declaratory judgment action involving Craig Mead D/B/A Discount Tree Extraction a/k/a D & E Tree Extraction (“D & E”) 2 and Jason Young (“Young”).

We reverse and remand.

ISSUE

Whether the trial court erred in dismissing HG’s declaratory judgment action, thus rendering HG’s summary judgment motion moot.

FACTS

HG is a wholesale greenhouse located in Noblesville that entered into an oral contract with D & E, whereby D & E would remove an oak tree for the stated price of $600, with…

2Cases cited7 opinions

  1. GKN Co. v. MagnessIndiana Supreme Court · 2001
  2. Ferrell v. Dunescape Beach Club Condominiums Phase I, Inc.Indiana Court of Appeals · 2001
  3. Williams v. R.H. Marlin, Inc.Indiana Court of Appeals · 1995
  4. Boone County Area Plan Commission v. KennedyIndiana Court of Appeals · 1990
  5. Madden v. HouckIndiana Court of Appeals · 1980

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

3Cited by8 opinions

  1. Lora Hoagland v. Franklin Township Community School CorporationIndiana Court of Appeals · 2014
  2. City of Fort Wayne v. Southwest Allen County Fire Protection District and Tera K. Klutz, in her official capacity as Auditor of Allen County, IndianaIndiana Court of Appeals · 2017
  3. James E. Saylor v. State of IndianaIndiana Court of Appeals · 2017
  4. Virginia Tramill, Miah Gant, Marquel Cheaney and Jeremiah Tramill, the Mother and Children of Sara Tramill v. Anonymous Healthcare ProviderIndiana Court of Appeals · 2015
  5. Jason Young v. Hood's Gardens, Inc.Indiana Court of Appeals · 2013

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

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