BRENDONWOOD COMMON v. KAHLENBECK

No. 2-1179 A 352.

416 N.E.2d 1335 (1981)

BRENDONWOOD COMMON, Appellant (Defendant below), v. Howard KAHLENBECK, Jr. and Sally A. Kahlenbeck, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied April 30, 1981.


Attorney(s) appearing for the Case

William M. Osborn, Thomas J. McKeon, Osborn & Hiner, Indianapolis, for appellant.

Richard D. Wagner, James G. McIntire, Krieg, DeVault Alexander & Capehart, Indianapolis, for appellees.


SHIELDS, Judge.

Brendonwood Common (Brendonwood) appeals from the trial court's denial of a motion under Indiana Rules of Procedure, T.R. 60(B) to vacate and re-enter a judgment so as to permit an appeal on the merits.

We affirm.

Appellees Howard and Sally Kahlenbeck filed a complaint for a preliminary and permanent injunction. Hearings were held on the complaint on February 15 and February 22, 1979. At the conclusion of the February 22 hearing the...

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