Gonzalez v. Evans - 5/14/14

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Wednesday  May 14, 2014 
1:30 PM  EST

1:30 p.m. 29A02-1311-DR-984. Gonzalez appeals an order directing her to pay over $8,000 in attorney fees to Evans, which arose from Gonzalez's nonparty subpoena asking Evans to produce business records related to Gonzalez's ex-husband and their divorce. The trial court ordered the payment of attorney fees based on Evans's alleged "reasonable resistance" to Gonzalez's subpoena, as permitted by Indiana Trial Rule 34(C)(3). Gonzales claims there is insufficient evidence of "reasonable resistance" where the trial court eventually granted her motion to compel production of the records. Gonzalez also argues that the trial court erred in failing to award her any attorney fees in granting her motion to compel, pursuant to Indiana Trial Rule 37.

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