Indiana Court of Appeals, 1982

Larabee v. Booth

Indiana Court of Appeals · Decided August 31, 1982 · Conover, Miller, Young

440 N.E.2d 489; 1982 Ind. App. LEXIS 1386 (North Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Lucas v. Frazee (Ind. Ct. App. 1984)
Stewart v. Walker (Ind. Ct. App. 1992)
Larabee v. Booth (Ind. Ct. App. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

YOUNG, Presiding Judge.

ON PETITION FOR REHEARING

Lonnie L. and Jean S. Booth petition for rehearing of our decision in Larabee v. Booth, (1982) Ind.App., 437 N.E.2d 1010. We deny without further opinion that portion of the petition which requests that we reconsider our determination that there was no inter vivos gift of the property.

*490The Booths also point out that their case was presented to the trial court on two theories. Since the trial court ruled in their favor on the inter vivos gift theory, the other theory was not considered. In reversing the trial court’s determination that an inter vivos gift was made, we should have remanded for determination of the issues presented by the second theory. Therefore, insofar as the petition requests that we remand to the trial court for a determination of the undecided issues, it is granted. The case is reversed and remanded to the trial court for proceedings consistent with our decision.

Petition granted in part and denied in part.

MILLER and CONOVER, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.