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FINKE v. NORTHERN IND. PUBLIC SERVICE CO.

No. 45A03-0606-CV-280.

862 N.E.2d 266 (2006)

William G. FINKE and Ruth A. Finke, as Husband and wife, Appellants-Plaintiffs, v. NORTHERN INDIANA PUBLIC SERVICE COMPANY and Town of Highland, Indiana, Appellees-Defendants.

Court of Appeals of Indiana.

Publication Ordered February 27, 2007.

Attorney(s) appearing for the Case

Gordon A. Etzler, Gordon A. Etzler & Associates, Valparaiso, IN, Attorney for Appellant.

Paul A. Rake, Matthew S. Versteeg, Eichhorn & Eichhorn, Hammond, IN, Attorneys for Appellee Northern Indiana Public Service Company.

Rhett L. Tauber, Esq., Michael J. Jasaitis, Esq., Tauber Westland & Jasaitis, P.C. Schereville, IN, Attorneys for Appellee Town of Highland, Indiana.

OPINION

FRIEDLANDER, Judge.

William and Ruth Finke appeal following the entry of summary judgment in favor of Town of Highland (the Town) and Northern Indiana Public Service Company (NIPSCO) on the Finkes' prescriptive easement claim. On appeal, the Finkes present the following restated issues for review:

1. Did the Finkes timely file their notice of voluntary dismissal pursuant to Ind. Trial Rule 41(A)? 2. Did the trial court properly...

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