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FACKLER v. POWELL

No. 02S03-0504-CV-00166.

839 N.E.2d 165 (2005)

Pamela S. FACKLER, Appellant (Plaintiff below), v. Melvin J. POWELL, Jr., and M. Jack Powell, Jr., Living Trust, Appellees (Defendants below).

Supreme Court of Indiana.

December 20, 2005.

Attorney(s) appearing for the Case

Kendra Gowdy Gjerdingen, Bloomington, Cornelius B. Hayes, Fort Wayne, for Appellant.

Perry D. Shilts, Fort Wayne, for Appellees.

SULLIVAN, Justice.

When Melvin Powell and Pamela Fackler divorced, they agreed to a property settlement that included Powell assenting to pay Fackler in the future a certain amount of money related to a construction project. A dispute later arose between Powell and Fackler over the precise amount owed. Fackler seeks to have this dispute adjudicated in a court other than the one that issued the dissolution decree. Precedent and policy dictate that this case should...

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