Public-domain · open source
OpenJurist

564 N.E.2d 948

Willett v. Clark

Indiana Court of Appeals

Decided January 7, 1991

Indiana Court of Appeals · decided 1991-01-07

Cited by 4 later decisions — most recently July 1992

4 state decisions

Relies on 94 Wash. 2d 135 - Cummings v. Anderson

Good law ✅— No negative treatment on recordhow we know

Decided 1991-01-07

View the full empirical analysis of this case →

ROBERTSON, Judge.

¶1In a previous opinion, this court remanded the cause for more complete findings of fact and conclusions of law on the partition of the real and personal property claimed by the parties Those new findings and conclusions were filed in this court on July 11, 1990, however, through a misunderstanding the matter was thought to be suitably resolved between the parties when such was not the case.

¶2Among other things, the cause was remanded for an explanation of the division of two parcels of real estate. That question is now adequately covered in the new findings and conclusions. In our original opinion, we observed that the trial court has great flexibility in fashioning relief in a partition - proceeding. Cummings v. Anderson (1980), 94 Wash.2d 135, 614 P.2d 1283. The trial court in this case has exercised that flexibility in the new conclusions and findings. Based upon the argument presented in their briefs we now conclude that the new judgment of the trial court should be affirmed.

¶3Judgment affirmed.

BAKER and CHEZEM, JJ., concur.
/564/ne2d/948 · .json · Public domain