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CAPEHART v. CAPEHART

No. 49A04-0106-CV-281.

771 N.E.2d 657 (2002)

Craig E. CAPEHART, Appellant, v. Lynn Dee Barker CAPEHART, Appellee.

Court of Appeals of Indiana.

July 3, 2002.

Attorney(s) appearing for the Case

Linda J. Cooley, Joshua D. Hague, Krieg DeVault LLP, Indianapolis, IN, Attorneys for Appellant.

Deborah M. Agard, Gaddy & Gaddy, Indianapolis, IN, Attorney for Appellee.

OPINION

FRIEDLANDER, Judge.

Craig E. Capehart appeals from an order granting a petition for contempt, for modification of visitation, and for attorney fees filed by his ex-wife Lynn Dee Barker Capehart. While he presents three issues for review, we find the following issue dispositive: Did the court commissioner err in denying Craig's request, which was made pursuant to Ind.Code Ann. § 33-5.1-2-27 (West 1996), that the elected judge preside over the...

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