ESTATE OF LEE v. LEE & URBAHNS CO.

No. 49A02-0610-CV-933.

876 N.E.2d 361 (2007)

The ESTATE OF Raymond LEE, By and Through co-personal representatives Juliann L. McGARRAH and Dinah L. Merritt, Appellant-Plaintiff, v. LEE & URBAHNS COMPANY, an Indiana general partnership, and John B. Urbahns, individually and in his capacity as general partner in Lee & Urbahns, Allison Run II, an Indiana general partnership, Allison Run III, an Indiana general partnership, Green Ridge Development, LLC, an Indiana limited liability corporation, Fortune Park Associates Limited Partnership, an Indiana limited partnership, F.P. Buildings 3 & 4 Limited Partnership, an Indiana limited partnership, Fortune Park Associates Building No. 7 Limited Partnership, a Minnesota limited partnership, Fortune Park Associates Building No. 8 Limited Partnership, a Minnesota limited partnership, Fortune Park Associates Building No. 9 Limited Partnership, an Indiana limited partnership, Fortune Park Associates Building No. 14 L.P., an Indiana limited partnership, U.S. 421, an Indiana limited partnership, Wayne Township, LLC, an Indiana limited liability corporation, Whitehall Associates, L.P. an Indiana limited partnership, John B. Urbahns in his capacity as general partner in Allison Run II, an Indiana general partnership, general partner in Allison Run III, an Indiana general partnership, the managing member of Green Ridge Development, LLC, an Indiana limited liability corporation, general partner in Fortune Park Associates Limited Partnership, an Indiana limited partnership, general partner in F.P. Buildings 3 & 4 Limited Partnership, an Indiana limited partnership, general partner in Fortune Park Associates Building No. 7 Limited Partnership, a Minnesota limited partnership, partner in Fortune Park Associates Building No. 8 Limited Partnership, a Minnesota limited partnership, general partner in Fortune Park Associates Building No. 9 Limited Partnership, an Indiana limited partnership, general manager of Fortune Park Associates Building No. 14 L.P., an Indiana limited partnership, partner in U.S. 421, an Indiana limited partnership, the managing member of Wayne Township, LLC, an Indiana limited liability corporation, and partner in Whitehall Associates, L.P. an Indiana limited partnership, Appellees-Defendants.

Court of Appeals of Indiana.

November 14, 2007.


Attorney(s) appearing for the Case

Charles R. Whybrew, Tabbert Hahn Earnest & Weddle, LLP, Indianapolis, IN, Attorney for Appellant.

Cathy Elliott, Bryan H. Babb, Bose McKinney & Evans LLP, Indianapolis, IN, Attorneys for Appellee.


OPINION

BRADFORD, Judge.

Appellant-Plaintiff the estate of Raymond O. Lee ("the Estate") appeals from the trial court's entry of judgment in favor of Lee & Urbahns Company and John B. Urbahns, individually and in his capacity as general partner in Lee & Urbahns, and several other named defendants (collectively, "Defendants"). The Estate contends that the trial court abused its discretion in refusing discovery of Urbahns's personal information, in...

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