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FREELS v. WINSTON

No. 57A03-9011-CV-481.

579 N.E.2d 132 (1991)

Allen FREELS, Appellant-Defendant, v. Dorrine WINSTON, Special Administratrix of the Estate of Arthur Winston, Deceased, Appellee-Plaintiff.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 27, 1991.

Attorney(s) appearing for the Case

Edward L. Murphy, Jr., Diana C. Bauer, Miller Carson & Boxberger, Fort Wayne, for appellant-defendant.

Saul I. Ruman, David M. Hamacher, Ruman, Clements & Tobin, P.C., Hammond, Charles V. Falkenberg, III, Karlin & Fleisher, Chicago, III., for appellee-plaintiff.

HOFFMAN, Presiding Judge.

Defendant-appellant Allen Freels appeals the trial court's granting of a T.R. 60(B) motion for relief from a judgment, which is a final appealable order. Ind.Trial Rule 60(C). A summary judgment granted in favor of another defendant, David Griffith, is not a subject of this appeal.

The facts relevant to the appeal disclose that Dorrine Winston filed a wrongful death action against Freels in July 1989 after her husband was killed when...

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