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KIRTLEY v. McCLELLAND

No. 53A01-8912-CV-493.

562 N.E.2d 27 (1990)

William F. KIRTLEY, Phyllis Kirtley and Thomas Garrison, Directors of the Pointe Services Association, Inc., and Terry Pierson, As a Past Director of the Pointe Services Association, Inc., Appellants (Defendants below), v. Howard W. McClelland, et al, Appellees (Plaintiffs below). the Pointe Services Association, Inc., Cross-Appellant (Defendant below), v. Thomas A. Berry, Esq., Cross-Appellee (As Attorney and in Trust for All Plaintiffs below).

Court of Appeals of Indiana, First District.

Opinion on Denial of Rehearing February 12, 1991.

Attorney(s) appearing for the Case

William H. Andrews, Michael L. Carmin, Cotner Andrews Mann & Chapman, Bloomington, for appellants.

Thomas A. Berry, Berry & Mills, Bloomington, David A. Reidy, Jr., Gosport, for appellees.

ROBERTSON, Judge.

For the purpose of simplifying the identity of the parties to this appeal, the appellant-defendants will be referred to as the directors or as Kirtley and the appellee-plaintiffs as the Pointe Service Association (PSA). The appellants, William Kirtley, Phyllis Kirtley, Thomas Garrison and Terry Pierson, present or past directors of The Pointe Services Association, Inc., a unit owner's association, appeal from a judgment rendered against them following...

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