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KEITH v. DOOLEY

No. 22A05-0303-CV-112.

802 N.E.2d 54 (2004)

Marcella A. KEITH, Bonnie Kay Marks, and Terry G. Dooley, Appellants-Plaintiffs, v. Pauanani Jill DOOLEY, and Stanley V. Pennington, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied March 24, 2004.

Attorney(s) appearing for the Case

George M. Streckfus, New Albany, IN, Attorney for Appellants.

Marcus M. Burgher III, Luckett, Burgher & Burgher, Corydon, IN, Attorney for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

Marcella A. Keith ("Marcella"), Bonnie Kay Marks ("Bonnie"), and Terry G. Dooley ("Terry") (collectively, "Nieces and Nephew") appeal the trial court's Indiana Trial Rule 12(B)(8) dismissal of their complaint against the executor of their aunt's estate and a beneficiary of their aunt's will on grounds that the same action is pending in another Indiana court. Because both actions instituted by Nieces and Nephew...

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