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Larabee v. Booth

Court of Appeals of Indiana, Fourth District
Aug 31, 1982
440 N.E.2d 489 (Ind. Ct. App. 1982)

Opinion

No. 4-1081A148.

August 31, 1982.

Appeal from the Dearborn Circuit Court, Larry Greathouse, Special Judge.

John D. Gay, Gay McCombs, Versailles, for appellants.

Gary Sorge, Lehner Sorge, Lawrenceburg, John T. Lorenz, Kightlinger, Young, Gray Detrude, Indianapolis, for appellees.


ON PETITION FOR REHEARING

Lonnie L. and Jean S. Booth petition for rehearing of our decision in Larabee v. Booth, (1982) Ind. App., 437 N.E.2d 1010. We deny without further opinion that portion of the petition which requests that we reconsider our determination that there was no inter vivos gift of the property.

The Booths also point out that their case was presented to the trial court on two theories. Since the trial court ruled in their favor on the inter vivos gift theory, the other theory was not considered. In reversing the trial court's determination that an inter vivos gift was made, we should have remanded for determination of the issues presented by the second theory. Therefore, insofar as the petition requests that we remand to the trial court for a determination of the undecided issues, it is granted. The case is reversed and remanded to the trial court for proceedings consistent with our decision.

Petition granted in part and denied in part.

MILLER and CONOVER, JJ., concur.


Summaries of

Larabee v. Booth

Court of Appeals of Indiana, Fourth District
Aug 31, 1982
440 N.E.2d 489 (Ind. Ct. App. 1982)
Case details for

Larabee v. Booth

Case Details

Full title:CLARA B. LARABEE, WILLIAM N. LARABEE, AND S. JOAN SMOCK, APPELLANTS…

Court:Court of Appeals of Indiana, Fourth District

Date published: Aug 31, 1982

Citations

440 N.E.2d 489 (Ind. Ct. App. 1982)

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