CHASTEEN v. SMITH

No. 84A01-9308-CV-281.

625 N.E.2d 501 (1993)

Donald CHASTEEN & Catherine Cox, Appellants-Defendants, v. Dale SMITH, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

December 14, 1993.


Attorney(s) appearing for the Case

William J. Tabor, Terre Haute, for appellants-defendants.

Thomas C. Newlin, Fleschner, Fleschner, Stark, Tanoos & Newlin, Terre Haute, for appellee-plaintiff.


ROBERTSON, Judge.

Donald Chasteen and Catherine Cox appeal an adverse judgment in the amount of $2,506.00 on the plaintiff Dale Smith's complaint for possession of real property leased to Chasteen and Cox, and for damages to the rental property caused by Chasteen and Cox as tenants. We reverse and remand.

The record reflects that despite repeated demands for possession and written notice, Chasteen and Cox refused to move from the premises owned by Smith. On...

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