Hendrix v. Page

ON REHEARING

I respectfully dissent from the majority’s denial of the Pages’ petition for rehearing. Although I joined with the majority in the original opinion, upon reflection and further study prompted by the Pages’ petition for rehearing, I realize that I am prohibited by federal bankruptcy law from joining the majority today.

In our original opinion filed on October 28, 1993, see Hendrix v. Page (1993), Ind.App., 622 N.E.2d 564, we reversed the trial court’s grant of the Pages’ motion for relief from summary judgment. We reasoned that because the Pages’ June 21, 1990 complaint violated the…