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Hammond to host appeals court arguments

January 1, 2008
The Indiana Court of Appeals travels to Hammond April 7 to hear arguments in a case involving a dispute after the sale of real estate.

Arguments begin at 10 a.m. CST in the Lake Superior Court, Civil Division No. 1 Courtroom, 232 Russell St., Hammond.

In the case, Gladys E. Tobias v. Margaret and Thomas Mannella, No. 45A03-0708-CV-373, on appeal from Lake Superior Court, Judges Patricia Riley, James Kirsch, and Margret Robb are asked to decide whether the trial court erred in finding a tenant had no claim to a share in the profit received after the sale of the real estate in which the tenant lived.

Tobias rented property the Mannellas owned; when the Mannellas evicted Tobias and sold the property, Tobias claimed she had an oral agreement with the Mannellas in which she was the true owner.

The trial court found Tobias paid more in rent than what her lease required and awarded her a judgment in the amount that exceeded her obligation. Tobias appealed, arguing she should also have been awarded damages for the profit made on the property's sale.
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