Ray-Ron Corp. v. DMY Realty Co.

SHEPARD, Justice.

Is an order granting summary judgment on a party's claim to the rightful possession of real estate an interlocutory order subject to appeal under Rule 4(B)(2), Ind. Rules of Appellate Procedure? We hold that it is.

In 1972, appellant Ray-Ron Corp. leased a free-standing building in the Chapel Way shopping center in Indianapolis from its owner, DMY Realty Company. Ray-Ron used this building to operate a Noble Roman's Pizza restaurant. The relationship proceeded on an agreeable basis until another tenant, Village Pantry, moved from the shopping center. DMY proposed to replace…