Albright v. Pyle

ON PETITION FOR REHEARING

CHEZEM, Judge.

Case Summary

Appellants-plaintiffs, Vera June Albright and Bobby Jo Albright (“Albrights”), petition this court for rehearing of our decision dismissing Albrights’ appeal for lack of a final appealable judgment in Albright v. Pyle, et al., (1994), Ind.App., 634 N.E.2d 69. We grant rehearing, consider the merits of the appeal, and vacate the trial court’s order.

Issues

Albrights present the following issues:

I. Whether Pyle’s motion for summary judgment should have been treated as a motion for judgment on the pleadings.

II. Whether the trial court properly…