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HIGHLAND REALTY v. AIRPORT AUTHORITY

No. 12A02-8811-CV-410.

551 N.E.2d 1176 (1990)

HIGHLAND REALTY, Inc., Appellant (Plaintiff), v. Indianapolis AIRPORT AUTHORITY, Appellee (Defendant).

Court of Appeals of Indiana, Second District.

March 27, 1990.

Attorney(s) appearing for the Case

Stephen Speicher, Lincoln, Neb., for appellant.

Frederic C. Sipe, William L. Schlosser, Sipe, Pankow, Han & Free, Indianapolis, Gene R. Robbins, Morrison, Robbins & Shaffer, Frankfort, for appellee.

BUCHANAN, Judge.

CASE SUMMARY

Plaintiff-appellant Highland Realty, Inc. (Highland) appeals from the grant of its motion to voluntarily dismiss its action against defendant-appellee Indianapolis Airport Authority (Authority), claiming the trial court erred when it conditioned the dismissal without prejudice of Highland's action on the payment of the Authority's attorneys' fees.

We reverse.

FACTS

The facts most favorable to the trial...

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