Pheffer v. French

OPINION

BROWN, Judge.

Gail French Pheffer appeals 1 the trial court's grant of a motion to dismiss filed by Edwin French HI ("Ed III"). Pheffer raises two issues, which we consolidate and restate as whether the trial court erred by granting Ed III's motion to dismiss under Ind. Trial Rule 12(B)(6). We reverse.

Before reciting the relevant facts, it is helpful to address the peculiar procedural posture in which this case comes to us. This case is actually one of two actions addressing essentially the same facts and seeking essentially the same remedies. This action, lower cause number…