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Friday, April 01, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)

For publication opinions today (1):

In Hochstetler Living Trust v. Friends of Pumpkinville Nature Trail, a 12-page opinion, Judge Mathias writes:

Friends of the Pumpkinvine Nature Trail, Inc. (“the Nature Trail”) filed an action in Elkhart Superior Court against the Hochstetler Living Trust (“the Trust”) seeking to quiet title in a certain strip of land, and the Trust filed a counter-claim against the Nature Trail. The parties then filed cross-motions for summary judgment, and the trial court entered summary judgment in favor of the Nature Trail, concluding that the Nature Trail held a fee simple interest in the land at issue. On appeal, the Trust claims that the Nature Trail‟s quiet title action was barred by claim preclusion. We affirm. * * *

Because the Plank Deed conveyed a fee simple interest to the railroad company, the Penn Central quitclaim deed conveyed that fee simple interest to the Nature Trail. As this conveyance preceded the settlement agreement in the Firestone class action, it is excluded from the order entered in that case and the Nature Trail is not precluded from bringing the current quiet title action. The trial court properly granted summary judgment in favor of the Nature Trail.

NFP civil opinions today (1):

Cyril Huerter v. Estate of James Sedric, et al. (NFP)

NFP criminal opinions today (0):

Posted by Marcia Oddi on April 1, 2011 10:52 AM
Posted to Ind. App.Ct. Decisions