Carr v. Pearman

OPINION ON REHEARING

SHARPNACK, Judge.

Bruce Carr petitions for rehearing on Carr v. Pearman, 854 N.E.2d 380 (Ind.Ct.App.2006). In that opinion, we held that the trial court did not abuse its discretion by denying Carr’s motion to dismiss or by denying Carr’s motions for judgment on the evidence in Carr’s action against Joseph Pearman. We based this decision upon a holding that Pearman was a third-party beneficiary of Dave Foelber’s contingency agreement with Gerald Sisón. On rehearing, Carr argues that Pearman could not be a third-party beneficiary of Foelber’s agreement as to Carr because…