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GIVEN v. CAPPAS

No. 3-1084A268.

486 N.E.2d 583 (1985)

Phyllis S. GIVEN; Phyllis S. Given, Trustee; and Phyllis S. Given and Gilbert Z. Given, Executors of the Estate of Jay N. Given, Deceased, Appellants-Cross Appellees (Defendants below), v. Thomas S. CAPPAS and Rudolph Val Dawson, Appellees-Cross Appellants (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied February 7, 1986.

Attorney(s) appearing for the Case

Kirk A. Pinkerton, Roth & Pinkerton Prof. Corp., Highland, for appellants.

James J. Nagy, Munster, for cross-appellants.

James J. Nagy, Munster, for appellees.

Kirk A. Pinkerton, Highland, for cross-appellees.

STATON, Presiding Judge.

In this appeal, we are asked to review a judgment against Phyllis S. Given, Trustee (Mrs. Given) ordering her to transfer one hundred fifty (150) shares of stock to Thomas S. Cappas (Cappas) and Rudolph Val Dawson (Dawson), former law partners of Mrs. Given's late husband, Jay Given (Given). On cross-appeal Cappas and Dawson challenged the trial court's ruling that Mrs. Given's Motion to Correct Errors was timely filed.

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