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HUBER v. MONTGOMERY COUNTY SHERIFF

No. 54A01-0911-CV-559.

940 N.E.2d 1182 (2010)

Terrance R. HUBER, Appellant-Plaintiff, v. MONTGOMERY COUNTY SHERIFF, Appellee-Defendant.

Court of Appeals of Indiana.

Publication Ordered December 13, 2010.

Attorney(s) appearing for the Case

James E. Ayres , Wernle, Ristine & Ayres, Crawfordsville, IN, Attorney for Appellant.

Wayne E. Uhl , Stephenson Morow & Semler, Indianapolis, IN, Attorney for Appellee.

OPINION

CRONE, Judge.

Case Summary

Terrance R. Huber brings this interlocutory appeal from the trial court's order that he pay expenses and attorney fees to the Montgomery County Sheriff ("the Sheriff) as a discovery sanction. Huber contends, among other things, that the trial court erred when it awarded expenses and fees without first holding a hearing on the propriety of those sanctions. We agree and reverse the trial court's award of sanctions...

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