ESTATE OF CALCUTT v. CALCUTT

No. 14A04-9005-CV-240.

576 N.E.2d 1288 (1991)

The ESTATE OF Marilyn J. (Hinkle) CALCUTT, Appellant-Plaintiff, v. Billy A. CALCUTT, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied September 20, 1991.


Attorney(s) appearing for the Case

W. Wyatt Rauch, Petersburg, for appellant-plaintiff.

Blake Chambers, Washington, for appellee-defendant.


SHARPNACK, Judge.

The estate of Marilyn (Hinkle) Calcutt appeals from a summary judgment awarding her surviving spouse, Billy Calcutt, both the statutory survivor's allowance of $8,500 and the refund of an overpayment of $8,344.02 by Billy Calcutt's insurer for medical care provided to Marilyn Calcutt. We affirm.

The estate claims the trial court erred:

(1) By concluding that no genuine issue of material fact existed with regard to Billy's claim for...

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