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BANK OF NEW YORK v. NALLY

No. 29A02-0312-CV-1085.

809 N.E.2d 405 (2004)

BANK OF NEW YORK, Trustee, Appellant-Plaintiff, v. Stephen H. NALLY; Hiram Nally; Eileen Nally; State of Indiana; Marina Limited Partnership, Appellees-Defendants. Tod D. Owens and Pamela E. Owens, Third-Party Plaintiffs, v. Stephen N. Nally, Bank of New York, Trustee, Shae Wiles, Michael Mize, Internal Revenue Service, et al., Third-Party Defendants.

Court of Appeals of Indiana.

Rehearing Denied August 19, 2004.

Attorney(s) appearing for the Case

Craig D. Doyle, Joanne B. Friedmeyer, James L. Shoemaker, Doyle & Friedmeyer, Indianapolis, IN, Attorneys for Appellant.

Michael E. Farrer, Christopher D. Cody, Bingham, Farrer & Wilson, P.C., Elwood, IN, Attorneys for Appellees.

OPINION

BAKER, Judge.

The circumstances of this case present an issue of first impression in Indiana: Is a mortgagee entitled to recover attorneys fees incurred when litigating the issue of mortgage priority?

Appellant-plaintiff Bank of New York, Trustee, (the Bank) appeals the trial court's award of attorney's fees to the third-party plaintiffs in this matter, Tod D. Owens and Pamela E. Owens (collectively, the Owenses). Specifically, the Bank argues...

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