Legal Opinion

Lambert v. Yellowbird, Inc.

Indiana Court of Appeals

Decided October 7, 1986No. 4-885A220PublishedCited by 6 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

YOUNG, Judge.

In our original opinion, 496 N.E.2d 406, we held that Lambert had waived his TR. 50(A) claim and his sufficiency of evidence claim. We grant rehearing for the limited purpose of clarifying our holding on those issues.

We agree with Lambert that TR. 50(A) includes both a decision not to send the case to the jury and a judgment notwithstanding the verdict. He alleges in his petition for rehearing that his "sufficiency" claim was at all times brought under T.R. 50(A). The fact is, however, Lambert never mentions T.R. 50(A) in the argument section of his…

2Cases cited4 opinions

  1. Martin v. RobertsIndiana Supreme Court · 1984
  2. American Optical Co. v. WeidenhamerIndiana Supreme Court · 1983
  3. Lambert v. Yellowbird, Inc.Indiana Court of Appeals · 1986
  4. Dettman v. SumnerIndiana Court of Appeals · 1985

3Cited by6 opinions

  1. White v. Indiana Realty Associates IIIndiana Supreme Court · 1990
  2. Harris v. CacdacIndiana Court of Appeals · 1987
  3. DBC Capital Fund, Inc. v. SnodgrassIndiana Court of Appeals · 1990
  4. Walker v. PillionIndiana Court of Appeals · 2001
  5. Cargill, Inc. v. Bunker Hill Elevator Co.Indiana Court of Appeals · 1987

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