Horn v. Klotz

HOFFMAN, Judge.

This is the second time the Horns and the Klotzes have appeared before this Court. The first time, we affirmed the trial court's grant of summary judgment in favor of the Horns; 1 however, our Supreme Court granted transfer and reversed in Klotz v. Horn (1990), Ind., 558 N.E.2d 1096. Justice Pivarnik summarized the facts of the case as follows: 2

"The undisputed facts show that prior to June 23, 1975, appellees Owen Horn and Florence Horn owned a single tract of real estate in Kosciusko County that ran from the shore of Eagle Lake to Robinson Road. On June 23, 1975, the Horns…