SPEARS v. BLACKWELL

No. 54A05-9507-CV-273.

666 N.E.2d 974 (1996)

Tim W. SPEARS and Kim Spears, Appellants-Plaintiffs, v. Gale BLACKWELL and Toni Blackwell, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied August 13, 1996.


Attorney(s) appearing for the Case

Elizabeth A. Justice, James E. Ayers, Wernle, Ristine & Ayers, Crawfordsville, for Appellants.

Grover B. Davis, McClure McClure & Kammen, Indianapolis, for Appellees.


OPINION

BARTEAU, Judge.

Tim W. Spears and Kim Spears ("Spearses") appeal the trial court's granting of Gale Blackwell and Toni Blackwell's ("Blackwells") Motion for Summary Judgment, raising several issues on appeal. However, we need only discuss the issue of whether a genuine issue of material fact exists precluding summary judgment.

We reverse and remand.

FACTS

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