Legal Opinion · Concurrence

Bayley v. Fox

Indiana Court of Appeals

Decided August 19, 1996No. 49A02-9512-CV-740Published

1ConcurrenceNajam, Judge

I concur in the majority opinion but write separately to emphasize that a party may not appeal from the trial court's grant of the very relief it sought to obtain.

Here, the Company filed a motion to dismiss for failure to state a claim or, in the alternative, to compel arbitration. The trial court denied the Company's motion to dismiss but granted its motion to compel arbitration. Now, the Company appeals from that decision, alleging that the trial court erred when it ordered arbitration.

Even if the trial court had erred, the Company would have invited the error. The Company alleged before…

2Cases cited1 opinion

  1. Drake v. Indiana Natural Resources CommissionIndiana Court of Appeals · 1983

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