Kesling v. Kesling

OPINION

BROWN, Judge.

In this interlocutory appeal, Andrew C. Kesling, individually and as Trustee of the Andrew C. Kesling Trust Dated March 28, 2001 (the "Trust"), appeals the judgment of June 28, 2011 (the "Judgment") in favor of his father, Peter Kesling. 1 Andrew raises two issues which we consolidate and restate as whether the court abused its discretion in concluding that Peter was entitled to rescission of agreements entered into on June 25, 2004. We reverse and remand.

The relevant facts follow. In 1955, Harold Kesling, who was Peter's father, along with Peter and Peter's brother David…