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Kindred v. Townsend

Court of Appeals of Indiana

February 25, 2014

JAMES KINDRED, THOMAS KINDRED, AND SAM KINDRED, Appellants-Respondents,
v.
BETTY TOWNSEND and HARMON CRONE, Appellee-Petitioner

APPEAL fro THE OWEN CIRCUIT COURT. The Honorable Lori Thatcher-Quillen, Judge. Cause No. 60C01-1003-PL-123.

ATTORNEY FOR APPELLANTS THOMAS AND SAM KINDRED: SCOTT A. NORRICK, Anderson, Indiana.

JAMES H. KINDRED, APPELLANT, Pro Se, Solsberry, Indiana.

ATTORNEY FOR APPELLEE: MARILYN A. HARTMAN, HARTMAN LAW, P.C., Bloomfield, Indiana.

MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.

OPINION

Page 794

MATHIAS, Judge.

James Kindred, Thomas Kindred, and Sam Kindred (" the Kindreds" ) appeal the interlocutory order of the Owen Circuit Court denying their motion to dissolve a preliminary injunction requested by Betty Townsend (" Townsend" ) and Harmon Crone (" Crone" ) (collectively " the Defendants" ). Concluding that the Kindreds' appeal is an untimely attack on the trial court's earlier order granting the preliminary injunction, we dismiss.

Facts and Procedural History

The present case involves a dispute over the ownership of real property that was part of the Estate of Lulu Townsend, who died in 1964. For some reason, the parcel of real property at issue here was not included in the decree of final distribution of the Estate, and the distribution decree was never challenged.

The Kindreds have lived on property adjacent to the disputed property since 1975 and believed it belonged to them, as did the Kindreds' predecessor in interest. In 2006, Townsend realized that she might be an heir to the Estate of Lulu Townsend and have an ownership interest in the disputed property. In 2010, Townsend executed a warranty deed transferring her interest in the disputed property to Crone.

On April 14, 2010, the Kindreds filed a complaint against Townsend and Crone to quiet title by adverse possession. On May 7, 2010, Crone filed a motion for a restraining order, and on June 1, 2010, Townsend similarly filed a request for a preliminary injunction to prevent damage to the disputed property. The Kindreds filed a written objection, but the trial court, after conducting an evidentiary hearing on June 4, 2010, entered an order granting the preliminary injunction. Neither party appealed this order.[1]

Page 795

Six months later, on January 6, 2011, the Kindreds filed a motion to dissolve the preliminary injunction, claiming that Townsend and Crone lacked standing. The trial court held an evidentiary hearing on the matter on March 13, 2013, and denied the motion to dissolve. The Kindreds then filed a motion to reconsider on March 25, 2013, which the trial court denied on March 28, 2013. The Kindreds then ...


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