Carol Sparks Drake v. Thomas A. Dickey, Craig Anderson, Charles E. Podell, and Duke Realty Corp.

This matter is before the Indiana Supreme Court on a petition to transfer jurisdiction filed by the appellees pursuant to Appellate Rule 57, following the Court of Appeals opinion reported as Drake v. Dickey, 2 N.E.3d 30 (Ind.Ct.App.2013). One of the issues raised on transfer addresses footnote 2 of the Court of Appeals opinion. The footnote indicates the appel-lees failed to denominate as a cross-appeal an argument rejected by the trial court that the appellees contend is an alternative ground for affirming the summary judgment order.

Appellate Rule 9(D) permits an appellee to “cross-appeal…