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WISE v. HAYS

No. 76A03-1006-PL-323.

943 N.E.2d 835 (2011)

Deborah J. WISE, Appellant-Petitioner, v. David T. HAYS and Amanda G. Hays, Appellees-Respondents.

Court of Appeals of Indiana.

February 15, 2011.

Attorney(s) appearing for the Case

John J. Schwarz, II , Cresslaw Group, PC, Angola, IN, Attorney for Appellant.

Joshua A. Burkhardt , Beers Mallers Backs & Salin, LLP, Fort Wayne, IN, Attorney for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

A buyer filed a complaint against the sellers of real estate for fraud and negligence. The sellers filed an Indiana Trial Rule 12(B)(6) motion to dismiss for failure to state a claim. The buyer now appeals the trial court's grant of the motion. Because the trial court relied on matters outside the pleading, we treat the sellers' motion as one for summary judgment. Concluding that genuine issues of material fact...

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