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CRAWFORDSVILLE APARTMENT CO. v. KEY TRUST CO. OF FLORIDA

No. 54A05-9701-CV-6.

692 N.E.2d 478 (1998)

CRAWFORDSVILLE APARTMENT COMPANY, Lewis D. Dellinger, Frances O. Burns, Arthur J. Burns and John S. Rader, Appellants-Plaintiffs, v. KEY TRUST COMPANY OF FLORIDA, formerly Amerifirst Florida Trust Company, as Personal Representative of the Estate of Robert E. Von Tobel, deceased, Appellee-Defendant.

Court of Appeals of Indiana.

March 2, 1998.

Attorney(s) appearing for the Case

C. Rex Henthorn, Henthorn, Harris, Taylor & Weliever, Crawfordsville, Joseph T. Ives, Jr., Ives & Ives, Delphi, for Appellants-Plaintiffs.

Roger Wm. Bennett, Christine A. Desanctis, Bennett, Boehning Poynter & Clary, Safayette, for Appellee-Defendant.

OPINION

RUCKER, Judge.

Appellants (collectively referred to as "Apartment Company") filed a complaint for declaratory judgment against Appellee Key Trust Company of Florida ("Key Trust"). Key Trust countered by filing a motion to dismiss pursuant to Ind.Trial Rule 12(B)(8) alleging the same action was pending in another state court of this state. The trial court granted the motion and Apartment Company now...

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