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OLYMPUS PROPERTIES, LLC v. PLOTZKER

No. 53A01-0709-CV-445.

888 N.E.2d 334 (2008)

OLYMPUS PROPERTIES, LLC, Appellants-Defendants, v. Jason PLOTZKER, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 13, 2008.

Attorney(s) appearing for the Case

Traci A. Gundersen, Ferguson & Ferguson, Bloomington, IN, Attorney for Appellant.

Gary J. Clendening, Janice L. Sterling, Mallor Clendening Grodner & Bohrer LLP, Bloomington, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

After Jason Plotzker breached one lease, Olympus Properties, LLC, repudiated a subsequent lease. Plotzker commenced an emergency possessory action in small claims court, and the court awarded Plotzker possession of the apartment and attorney fees. Because Plotzker was not a tenant as defined by statute, we reverse and remand.

FACTS AND PROCEDURAL HISTORY1<...

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