Legal Opinion

Keith v. Dooley

Indiana Court of Appeals

Decided January 21, 2004No. 22A05-0303-CV-112PublishedCited by 3 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Marcella A. Keith ("Marcella"), Bonnie Kay Marks ("Bonnie"), and Terry G. Dooley ("Terry") (collectively, "Nieces and Nephew") appeal the trial court's Indiana Trial Rule 12(B)(8) dismissal of their complaint against the executor of their aunt's estate and a beneficiary of their aunt's will on grounds that the same action is pending in another Indiana court. Because both actions instituted by Nieces and Nephew involve substantially the same parties, subject matter, and remedies, the trial court did not err in dismissing the complaint pursuant to Trial Rule…

2Cases cited4 opinions

  1. DeWitt v. DuceSupreme Court of Florida · 1981
  2. Minton v. SackettIndiana Court of Appeals · 1996
  3. In Re Estate of HooverAppellate Court of Illinois · 1987
  4. Cinergy Corp. v. St. Paul Surplus Lines Insurance Co.Indiana Court of Appeals · 2003

3Cited by3 opinions

  1. Kentner v. Indiana Public Employers' Plan, Inc.Indiana Court of Appeals · 2006
  2. LeSEA Inc v. LeSEA Broadcasting CorporationDistrict Court, N.D. Indiana · 2021
  3. Linda Salmon v. Rita M TafelskiIndiana Court of Appeals · 2024

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