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HAYES v. HARRIS

No. 4-884A237.

479 N.E.2d 1359 (1985)

Rose HAYES, Appellant (Plaintiff below), v. Patrick W. HARRIS, Appellee (Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied August 28, 1985.

Attorney(s) appearing for the Case

Kathryn Williams, M. Patricia Smith, Legal Services Organization of Indiana, Inc., Indianapolis, for appellant.

Patrick J. Bennett, Andrew P. Sheff, Indianapolis, for appellee.

CONOVER, Justice.

Plaintiff-Appellant Rose Hayes (Hayes) appeals the dismissal of her replevin action against defendant-appellee Patrick W. Harris (Harris).

We reverse.

ISSUE

At issue is whether Hayes's replevin action against Harris was a compulsory counterclaim in an earlier action brought by Harris and now barred by Ind.Rules of Procedure, Trial Rule 13(A).

FACTS

Hayes rented a house from Harris. Because of a dispute...

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