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AYRES v. INDIAN HEIGHTS VOLUNTEER FIRE DEPT.

No. 2-584-A-146.

482 N.E.2d 732 (1985)

Thomas AYRES and Helen Ayres, Appellants (Plaintiffs below), v. INDIAN HEIGHTS VOLUNTEER FIRE DEPARTMENT, Inc. and Billy D. Myers, Trustee of Taylor Township, Howard County, Indiana, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

Rehearing Denied October 18, 1985.

Attorney(s) appearing for the Case

Edward S. Mahoney, Lacey, O'Mahoney, Mahoney, Angel & Jessup, Kokomo, for appellants.

Daniel J. Harrigan, Bayliff Harrigan Cord & Maugans, P.C., Kokomo, for appellee Indian Heights Volunteer Dept., Inc.

Sally A. Papacek, Andrews & Papacek, Kokomo, for appellee Billy D. Myers, Trustee of Taylor Tp., Howard County, Ind.

SULLIVAN, Judge.

Helen and Thomas Ayres (Ayreses) appeal from an entry of summary judgment for the defendants, Indian Heights Volunteer Fire Department, Inc. (Fire Department) and Billy D. Myers, Trustee of Taylor Township, Howard County, Indiana (Trustee). The Ayreses present the following two issues:

(1) Whether the trial court erred by converting the defendants' motions to dismiss into motions for summary judgment without giving prior notice to the Ayreses...

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