COA reverses trial court in estate case

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The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.

In George Clements v. Kimberly Hall and Stanley Harmon, No. 06A04-1106-MI-282, George Clements appealed the trial court’s grant of summary judgment in favor of Kimberly Hall and Stanley Harmon. Clements, Hall and Harmon were all due to receive property, as outlined in Arthur and Mary Lou Clements’ trust.

Arthur and Mary Lou Clements died in 2006 and 2008, and in July 2010, George Clements filed a personal representative’s deed as executive of the estate of Arthur Clements, deeding property to himself for $10. In August, Hall and Harmon’s attorney, Arvin Foland, filed an appearance and claim for quiet title, constructive trust and partition of the property, contending the deed George Clements filed was improper. Hall and Harmon argued the deed should be deemed a cloud upon the title to the property and that the property should be held in constructive trust until it could be sold and the proceeds divided.  

The court entered an order granting summary judgment for Hall and Harmon and disposing of the case. Nothing in the record indicates Clements or his attorney were served with the motion for summary judgment or received notice of any proceedings on the motion.

Clements then filed a motion for relief from judgment, and the trial court denied it.

Hall and Harmon contend their attorney discussed the claim with Clements’ attorney, but they did not say that Foland served Clements or his attorney with the motion for summary judgment or in any way notified Clements when it was filed.

The Court of Appeals held that Foland knew Clements had an attorney and was therefore obligated to provide notice. Accordingly, it reversed the trial court and remanded for further proceedings consistent with its opinion.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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