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NEAL v. BULLOCK

No. 41A04-8808-CV-285.

538 N.E.2d 308 (1989)

Eddie NEAL, Appellant (Defendant below), v. Edward C. BULLOCK, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 30, 1989.

Attorney(s) appearing for the Case

Richard K. Milam, Goodin & Kraege, Indianapolis, for appellant.

John A. Kitley, Jr., Kitley Professional Corp., Beech Grove, for appellee.

CHEZEM, Judge.

Case Summary

Defendant-Appellant, Neal, appeals a judgment of $3,000, plus $30 in court costs, in small claims court for tortious injury to trees upon Plaintiff-Appellee's real estate. We affirm.

Issue

The sole issue presented for our review is whether the trial court erred in awarding damages based upon the replacement value of the trees, rather than the difference in market value of the real estate as a whole.

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