State v. Palmwic Indiana Realty, Inc.

297 N.E.2d 479

Ind. Ct. App.

1973

Check Treatment

STATE OF INDIANA v. PALMWIC INDIANA REALTY, INC., MOBIL OIL CORPORATION AND ROBERT STOCKDALE

No. 2-672A22

Court of Appeals of Indiana

June 26, 1973

297 N.E.2d 479

Theodore L. Sendak, Attorney General, and Wesley T. Wilson, Deputy Attorney General, for appellant.

William B. LeMond, Kammins, LeMond, Carson & Stewart, of Indianapolis, Stephen B. Caplin, Caplin & Levinson, of Indianapolis for appellees.

PER CURIAM—The facts and the trial court judgment and the issues on appeal in the case at bar are, in every significant respect, substantially identical to those recited in the consolidated opinion handed down May 9, 1973, by the Supreme Court of Indiana in

State v. Everett Holder, et al., and State v. Rentchler, et al., 260 Ind. 336, 295 N.E.2d 799, 36 Ind. Dec. 331. On authority of that opinion we order the trial court to vacate that part of its final judgment which required the State to pay appellees’ attorney fees, appraisers’ fees, and “other expenses.”

CONCURRING OPINION

SULLIVAN, J.—I deem the dissenting opinion in

State v. Holder and to be extremely persuasive insofar as it construes Trial Rule 41 (A) (2) to constitute authorization for the trial court in its discretion to assess attorney fees and expenses of trial preparation against the State as a term or condition of dismissal of the State‘s exceptions to the appraisers’ report in an eminent domain action. We are, however, bound by the holding of the majority in and , . It is for this reason that I concur.

NOTE.—Reported at 297 N.E.2d 479.