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IN RE GUARDIANSHIP OF FRENCH

No. 49A02-0908-CV-742.

927 N.E.2d 950 (2010)

In re THE GUARDIANSHIP OF Edwin T. FRENCH, Jr., Gail French Pheffer, Appellant, v. Edwin T. French III, Appellee.

Court of Appeals of Indiana.

June 10, 2010.

Attorney(s) appearing for the Case

H. Patrick Callahan, John A. Gardner, Andrew Z. Soshnick, Baker & Daniels LLP, Indianapolis, IN, Attorneys for Appellant.

Richard A. Smikle, Gordon D. Wishard, Brian J. Paul, Ice Miller LLP, Robert W. Geddes, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

BROWN, Judge.

Gail French Pheffer appeals1 the trial court's grant of a motion to dismiss filed by Edwin French III ("Ed III"). Pheffer raises two issues, which we consolidate and restate as whether the trial court erred by granting Ed III's motion to dismiss under Ind. Trial Rule 12(B)(6). We reverse.

Before reciting the relevant facts, it is helpful to address the peculiar procedural posture in which this case...

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