Legal Opinion

Dr. Curtis K. Deason and Connie S. Deason v. Bill R. McWhorter and Heather McWhorter Revocable Living Trust, Dated January 24, 2003

Indiana Court of Appeals

Decided September 27, 2018No. Court of Appeals Case 18A-PL-270Published

1Opinion of the Court

Kirsch, Judge.

[1] Dr. Curtis K. Deason and Connie S. Deason (together, "the Deasons") appeal the trial court's order awarding judgment *1084 in favor of the Bill R. McWhorter and Heather McWhorter Revocable Living Trust, Dated January 24, 2003, ("the Trust") for damages after the Deasons defaulted on a contract for sale of real estate. The Deasons raise several issues for our review that we consolidate and restate as: whether the trial court inappropriately awarded the Trust a remedy of foreclosure in contradiction to the language of the contract for sale of real estate.

[2] We reverse and remand.

Fa…

2Cases cited5 opinions

  1. Skendzel v. MarshallIndiana Supreme Court · 1973
  2. McLemore v. McLemoreIndiana Court of Appeals · 2005
  3. Powers v. FordIndiana Court of Appeals · 1981
  4. Merrillville 2548, Inc. v. BMO Harris Bank N.A.Indiana Court of Appeals · 2015
  5. Hooker v. NORBUIndiana Court of Appeals · 2008

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