History
  • No items yet
midpage
563 N.E.2d 595
Ind.
1990
PER CURIAM.

In this will contest action, which was timely filed except for the claim that separate service by the sheriff was not achieved pursuant to Ind. Code § 29-1-7-18, the Court of Appeals reversed the trial court’s dismissal. Milligan v. Denham (1990), Ind.App., 553 N.E.2d 1265. The petition to transfer, and the dissenting opinion of Chief Judge Ratliff, argue that the decision of the Court of Appeals is in conflict with Willman v. Railing (1988), Ind.App., 529 N.E.2d 122. We grant transfer to resolve this dispute.

Pursuant to Ind. Appellate Rule 11(B)(3), we expressly adopt and incorporate by reference the opinion of the Court of Appeals in the present case.

Transfer is granted and this cause is remanded to the trial court.

SHEPARD, C.J., and DeBRULER, PIVARNIK and DICKSON, JJ., concur. GIVAN, J., dissents without opinion.

Case Details

Case Name: Milligan v. Denham
Court Name: Indiana Supreme Court
Date Published: Dec 12, 1990
Citations: 563 N.E.2d 595; 1990 Ind. LEXIS 251; 1990 WL 204312; No. 63S01-9012-CV-775
Docket Number: No. 63S01-9012-CV-775
Court Abbreviation: Ind.
AI-generated responses must be verified and are not legal advice.
Log In