Legal Opinion

Pflederer v. Kesslerwood Lake Ass'n, Inc.

Indiana Court of Appeals

Decided December 31, 2007No. 49A02-0706-CV-456PublishedCited by 3 opinions

1Opinion of the Court

OPINION

CRONE, Judge.

Case Summary

Debbie Pflederer, as personal representative of the estate of her brother, Douglas Schmidt, appeals from the denial of Schmidt’s motion to correct error following the denial of his motion for attorney’s fees and costs pursuant to Indiana Trial Rule 65(C). We reverse and remand for a hearing to determine the amount of fees and costs to which Schmidt is entitled for defending against a wrongfully issued injunction.

Issue

Was Schmidt’s Trial Rule 65(C) motion properly before the trial court?

Facts and Procedural History

On August 14, 1997, Kesslerwood Lake…

2Cases cited4 opinions

  1. Indiana Department of Environmental Management v. Chemical Waste Management, Inc.Indiana Supreme Court · 1994
  2. Palace Pharmacy, Inc. v. Gardner and Guidone, Inc.Indiana Court of Appeals · 1975
  3. Hampton v. MorganIndiana Court of Appeals · 1995
  4. Gubbins v. DelaneyIndiana Court of Appeals · 1917

3Cited by3 opinions

  1. Ace Bail Bonds v. Government Payment Service, Inc.Indiana Court of Appeals · 2008
  2. State of Indiana v. John B. LarkinIndiana Court of Appeals · 2017
  3. State of Indiana v. John B. LarkinIndiana Court of Appeals · 2017

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