McIlwain v. Simmons
Indiana Court of Appeals
1Opinion of the Court
BUCHANAN, Chief Judge.
CASE SUMMARY
Plaintiff-appellant Jack Mellwain (Mell-wain) appeals the trial court's denial of his motion for relief from a summary judgment which dismissed his will contest suit, claiming the clerk of the court failed to give him notice of entry of summary judgment as required by Ind. Rules of Procedure, Trial Rule 72(D).
We affirm.
FACTS
Mcllwain filed suit contesting the purported Last Will and Testament of Gladus Simmons. Fred Simmons, as executor, Martha Wert, and Cynthia Wert (Simmons) filed a motion for summary judgment. The summary judgment motion was argued on April…
Also in this document: Concurrence.
2Cases cited8 opinions
- Soft Water Utilities, Inc. v. Le FevreIndiana Supreme Court · 1973
- Allstate Insurance Co. v. NeumannIndiana Court of Appeals · 1982
- Auto-Teria, Inc. v. AhernIndiana Court of Appeals · 1976
- First National Bank & Trust Co. of Crawfordsville v. ColingIndiana Court of Appeals · 1981
- Brendonwood Common v. KahlenbeckIndiana Court of Appeals · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- A & S CORP. v. Midwest Commerce Banking Co.Indiana Court of Appeals · 1988
- Westlake v. BenedictIndiana Court of Appeals · 1984
- Abrahamson Chrysler Plymouth, Inc. v. Insurance Co. of North AmericaIndiana Court of Appeals · 1983
- Markle v. Indiana State Teachers Ass'nIndiana Court of Appeals · 1986
- McIlwain v. SimmonsIndiana Court of Appeals · 1983
2 more not listed; retrieve them via the Exa API.