Patel v. United Inns, Inc.

Dissent from Denial of Petition for Rehearing

BROWN, Judge.

I respectfully dissent from the denial of Appellant’s Petition for Rehearing regarding our opinion in Patel v. United Inns, Inc., 887 N.E.2d 139 (Ind.Ct.App.2008). The relevant facts of this case are that Oceanic Hospitality (“Oceanic”) was the high bidder to purchase a hotel owned by United Inns, Inc. (“United”), and Naren-dra Parbhubhai Patel (“Patel”) was the second highest bidder. Patel’s contract obligated him to purchase the hotel if Oceanic defaulted. When Oceanic failed to make an earnest money payment by October 5, 2004,…