Sherry Spaulding v. Estate Seth N. Frey

Sherry Spaulding appeals a non-final order modifying a temporary injunction. The original injunction was entered upon the petition for temporary injunction filed by Virginia Hutchinson, personal representative of the estate of Seth N. Frey. In her petition, Hutchinson alleged that the injunction was necessary to prevent the dissipation of estate assets obtained by Spaulding prior to Freys death. The trial court entered the temporary injunction after holding a contested hearing which was attended by Spaulding. Instead of appealing, Spaulding moved to dissolve the temporary injunction. The trial court subsequently entered its order modifying the injunction, and this appeal followed. Because Spauldings only arguments presented at the hearing on the motion to dissolve went to the issue of whether the temporary injunction was improvidently entered in the first place, we are constrained to affirm the trial courts order.