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SPALL v. JANOTA

No. 2-1279A369.

406 N.E.2d 378 (1980)

Audie SPALL, Defendant-Appellant, Robert & Elsie Whitson, Defendants, v. Chris JANOTA, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

July 3, 1980.

Attorney(s) appearing for the Case

William C. Kreegar, Chesterfield, for defendant-appellant.

Stephen D. Clase, Anderson, for plaintiff-appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

Audie Spall appeals from a judgment in the amount of $35,000 entered against her1 in the Superior Court of Madison County, Division I, in favor of Chris Janota, which judgment was predicated upon an alleged deprivation of lateral support to Janota's land by Spall resulting in damage to a dwelling house on Janota's real estate. We reverse.

STATEMENT OF THE FACTS

In 1965,...

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