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Stump v. St. Joseph County Treasurer

Court of Appeals of Indiana

May 12, 2015

Mary Ellen Stump, Appellant-Petitioner,
v.
St. Joseph County Treasurer, St. Joseph County Auditor, Cavallino Financial, LLC, Donald Wertheimer, James H. Shallenbarger, Jr., and Phillip Miller, Appellees-Respondents

Appeal from the St. Joseph Circuit Court. The Honorable Michael G. Gotsch, Judge. Cause No. 71C01-0709-MI-206.

ATTORNEY FOR APPELLANT: John William Davis, Jr., Davis & Roose, Goshen, Indiana.

ATTORNEYS FOR APPELLEES: Jamie C. Woods, Daniel G. Herbster, Thorne & Grodnik, LLP, Mishawaka, Indiana.

Riley, Judge. Vaidik, C. J. and Baker, J. concur.

OPINION

Page 361

Riley, Judge.

STATEMENT OF THE CASE

[¶1] Appellant-Petitioner, Mary Ellen Stump (Stump), appeals the trial court's order denying her petition for release of tax sale surplus, in favor of St. Joseph County Treasurer, St. Joseph County Auditor (Auditor), Cavallino Financial, LLC (Cavallino), Donald Wertheimer, James R. Shallenbarger, Jr. (Shallenbarger), and Phillip Miller (Miller).

[¶2] We reverse and remand with instructions.

ISSUES

[¶3] Stump raises three issues on appeal, which we restate as follows:

(1) Whether Stump's claim for the tax sale surplus was timely made pursuant to Indiana Code section 6-1.1-24-7;
(2) Whether Stump's lien on the tax sale surplus takes priority over the other claims; and
(3) Whether Stump is entitled to Shallenbarger's interest in the tax sale surplus based on the joint ...

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