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KINTZELE v. PRZYBYLINSKI

No. 46A05-9512-CV-489.

670 N.E.2d 101 (1996)

James KINTZELE and Realty World — Steve Baker, Appellants-Defendants, v. Paul and Cynthia PRZYBYLINSKI, Appellees-Plaintiffs.

Court of Appeals of Indiana.

September 9, 1996.

Attorney(s) appearing for the Case

James E. Brammer, Valparaiso, Thomas J. Rutkowski, Michigan City, for Appellants.

Stephen A. Kray, LaPorte, for Appellees.

OPINION

SHARPNACK, Chief Judge.

James Kintzele and Realty World-Steve Baker Real Estate (collectively "the Appellants") appeal the trial court's denial of their motion to tax costs and attorney's fees against the plaintiff-appellees, Paul and Cynthia Przybylinski. The Appellants raise one issue for our review which we restate as whether the trial court erroneously determined that they had waived their claim for attorney's fees. We reverse and remand.

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