PETERSON v. PONDA

No. 37A04-0712-CV-689.

893 N.E.2d 1100 (2008)

Nick PETERSON and Patricia Peterson, Appellants-Defendants, v. Robert PONDA and Karen Ponda, Appellees-Plaintiffs.

Court of Appeals of Indiana.

September 24, 2008.


Attorney(s) appearing for the Case

George T. Patton, Jr., Curtis T. Jones, Bose McKinney & Evans LLP, Indianapolis, Scott P. Sullivan, Noel, Sullivan, Kokomo, IN, Attorneys for Appellants.

Kenneth B. Elwood, Michael T. Rees, Rhame & Elwood, Gregory Sarkisian, Sarkisian & Fleming, Portage, IN, Attorneys for Appellees.


OPINION

CRONE, Judge.

Nick Peterson and Patricia Peterson (collectively, "the Petersons") appeal from the trial court's denial of their motion for summary judgment. We affirm.

The facts most favorable to Robert and Karen Ponda (collectively, "the Pondas") as the nonmoving parties are as follows. The Petersons, a married couple, own a residential property on U.S. Highway 231 in Rensselaer. In July 2002...

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