Nehring v. Raikos

ON PETITION FOR REHEARING

SHIELDS, Judge.

John D. Raikos petitions this court to rehear on appeal decided adversely to him on December 15,1980 in a published opinion appearing at 413 N.E.2d 328, Ind.App.

Although we decline the invitation to rehear the appeal, we find it necessary to clarify our holding due to apparent misconceptions by both parties.

*801Paul M. Nehring filed a motion for enlargement of time after the expiration of the period specified for filing a responsive pleading. Ind. Rules of Procedure, Trial Rule 6(C). We held that, although Nehring was in default, he could appear in the…