WESTERVELT v. WOODCOCK

No. 65A01-1311-PL-501.

15 N.E.3d 75 (2014)

L.C. WESTERVELT, Margaret Fox, Joe Dan Trigg, Attorney-in-Fact and Trustee for Lillian Guild, Marilyn Guild, Ramah Lee Jones, Janice Trigg, and Guild Family Trust, Barbara Killen, Patricia Kunc, Jacqueline Medley, Paul Fennessey, Carolyn Sue Stinson, R.D. Jones, Inc., and their unknown spouses, grantees, representatives, successors, heirs, and devisees, Appellants-Respondents, v. George WOODCOCK III, d/b/a West Drilling Company, Appellee-Petitioner.

Court of Appeals of Indiana.

August 11, 2014.


Attorney(s) appearing for the Case

Stephen T. Link , Evansville, IN, Attorney for Carolyn Sue Stinson.

John E. Rhine , Rhine Ernest LLP, Evansville, IN, Attorney for Proposed Amicus Curiae Indiana Coal Council, Inc.

William C. Illingworth , Chad J. Sullivan , Matthew J. Latowski , Jackson Kelly PLLC, Evansville, IN, Attorneys for Amicus Curiae Indiana Oil and Gas Association.

Marc E. Hawley Mount Vernon, IN, Attorney for Appellee.


OPINION

MAY, Judge.

Carolyn Sue Stinson appeals a summary judgment that determined her mineral interest had lapsed. As she paid taxes on it, there was no lapse. We therefore reverse and remand.1

FACTS AND PROCEDURAL HISTORY

In August 2009, the Kathleen A. Briggs Trust filed a quiet title action to a mineral interest in Posey County. The Trust already owned the...

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