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HYSELL v. KIMMEL

No. 39A04-0406-CV-330.

834 N.E.2d 1111 (2005)

Kevin HYSELL and Karen Jones, Appellants-Defendants, v. Joseph B. KIMMEL and Mary Sue Kimmel-Yater, Appellees-Plaintiffs.

Court of Appeals of Indiana.

Rehearing Denied December 20, 2005.

Attorney(s) appearing for the Case

William Edward Jenner, Jenner, Auxier & Jacobs, LLP, Madison, for Appellants.

Thomas M. Dattilo, Kevin C. Lewis, Dattilo Law Office, Madison, for Appellees.

OPINION

MAY, Judge.

Kevin Hysell and Karen Jones (hereinafter "Hysell") appeal1 an order enjoining Hysell from blocking Kimmel's use of a driveway that crosses a parcel of land Hysell owns. Hysell raises three issues on appeal, which we consolidate and restate as:

1. whether the trial court erred when it determined Kimmel had established an implied easement across the Hysell lot; and

2. whether Hysell was estopped...

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