Opinion

Lee v. Schroeder

  • 529 N.E.2d 349
  • 1988 Ind. App. LEXIS 796
  • 1988 WL 109361
Court
Indiana Court of Appeals
Filed
Oct 17, 1988
Status
Published
Author
Shields
On the bench
Neal, Ratliff, Shields
Cited by
22 cases

stating that a court may disregard an affidavit on its own motion when it does not meet the requirements of Trial Rule 56(E)

How later courts described this case

  • stating that a court may disregard an affidavit on its own motion when it does not meet the requirements of Trial Rule 56(E)
  • recognizing an exception regarding a testator’s soundness of mind

Written by the judges who cited it.

The opinion

SHIELDS, Presiding Judge,

concurring in result.

I concur in result on Issues I and II. While I agree with the majority decision that Louise Lee's affidavit is inadmissible, the majority's cited case authority properly mandates exclusion of the affidavit under IC 34-1-14-7 (West 1983) rather than IC 84-1-14-6 (West 1988) and for that reason I concur in result on Issues I and II. On Issue III, I concur in both Judge Neal and Chief Judge Ratliff's opinions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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