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POPE BY SMITH v. POPE

No. 89A01-9804-CV-141.

701 N.E.2d 587 (1998)

Michael Lee Brandon POPE, Minor Child, by Next Friend, Hope Denise SMITH, Mother, Appellant-Petitioner, v. Thedda D. POPE, Special Administratrix of the Estate of Parrish Allen Pope, Appellee-Respondent.

Court of Appeals of Indiana.

October 30, 1998.

Attorney(s) appearing for the Case

Karen B. Neiswinger, Indianapolis, Clyde Williams, Jr., Williams Delaney & Simkin, Richmond, for Appellant-Petitioner.

Frederick W. Crow, Young & Young, Indianapolis, for Appellee-Respondent.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Parrish Allen Pope died intestate leaving his five-year old son Michael Lee Brandon Pope ("Brandon") as his only heir. Parrish's sister, Thedda D. Pope ("Thedda"), petitioned for letters of special administration for the sole purpose of pursuing a wrongful death action. After the regular judge recused himself, a judge pro tempore granted Thedda's petition and appointed her special administratrix...

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