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GODBY v. WHITEHEAD

No. 77A01-0504-CV-152.

837 N.E.2d 146 (2005)

Tim L. GODBY, Appellant-Plaintiff, v. Daniel K. WHITEHEAD, Appellee-Defendant.

Court of Appeals of Indiana.

October 26, 2005.

Attorney(s) appearing for the Case

Tim L. Godby, Carlisle, Appellant Pro se.

Daniel K. Whitehead, Yorktown, for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Tim L. Godby brought suit against Daniel K. Whitehead for legal malpractice. Godby alleged that Whitehead negligently failed to present a claim that Godby was denied the effective assistance of appellate counsel in his petition for post-conviction relief. In response, Whitehead filed a Trial Rule 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted. The trial court...

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