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CONSECO FINANCE v. KIMBERLY MOBILE HOME PK.

No. 36A01-0205-CV-192.

780 N.E.2d 852 (2002)

CONSECO FINANCE SERVICING CORP., Appellant-Defendant, v. KIMBERLY MOBILE HOME PARK, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

December 30, 2002.

Attorney(s) appearing for the Case

William F. Thompson, Indianapolis, IN, Attorney for Appellant.

OPINION

SULLIVAN, Judge.

Appellant, Conseco Finance Servicing Corporation ("Conseco"), appeals from a judgment entered in favor of Kimberly Mobile Home Park, Inc. (the "Park"). Upon appeal, Conseco maintains that the trial court's judgment is erroneous as a matter of law in that the trial court improperly disregarded the mandatory provisions of the Internal Revenue Code ("I.R.C.") which required Conseco to withhold thirty percent of its rent payment to the...

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