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Susott v. Auld-Susott
Respondent Evan Auld-Susott is the nephew of appellant Daniel C. Susott. They had a dispute regarding the care of 89-year-old Kathryn Susott, who was Evan’s grandmother and Daniel’s mother.[1] Evan held a durable power of attorney for Kathryn. He was also the trustee of several Sussott family trusts as well as the general partner of the Susott family’s limited partnership. Daniel was a beneficiary of the Sussott family trusts and a limited partner of the family partnership.
At the time the Susott family decided to move Kathryn from her Carmel home into an assisted living facility, Daniel was residing in Kathryn’s home. On the day Kathryn moved out, Evan caused a three-day notice to quit to be served on Daniel. Evan also sought a temporary restraining order (TRO) limiting Daniel’s contact with Kathryn in the assisted living facility.

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