Vendome Hotel, Inc. v. Gibson

ON PETITION FOR REHEARING

Royse, P. J.

In its petition for rehearing appellant contends that where, as in this case, appellee did not file an answer brief, we must reverse if appellant has presented a prima facie case of reversible error. This is not correct. It is a matter of discretion with this court. City of Connersville v. Adams (1952), 122 Ind. App. 581, 105 N. E. 2d 912; Meadows et al. v. Hickman et al. (1947), 225 Ind. 146, 73 N. E. 2d 343. The majority opinion in effect held appellant had. not, by its brief, presented a prima facie case of reversible error.. .

It next complains because…