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STAINBROOK v. LOW

No. 40A05-0505-CV-257.

842 N.E.2d 386 (2006)

David STAINBROOK, As Personal Representative of the Estate of Howard W. Stainbrook, Deceased, Appellant-Defendant, v. Trent LOW, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 13, 2006.

Attorney(s) appearing for the Case

Michael L. Rogers, Rogers & Belding, North Vernon, for Appellant.

Christopher M. Tebbe, Hamilton & Tebbe Law Office, P.C., Greensburg, for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

David Stainbrook, as personal representative of the Estate of Howard W. Stainbrook, appeals the trial court's grant of specific performance of a real estate agreement to Trent Low. We find (1) that the trial court properly denied the Estate's motion to dismiss for lack of verification because the Estate failed to bring their motion until the start of trial, and the claimant was available and prepared to testify...

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