Commissioner, Indiana State Highway Department v. Collins

SHIELDS, Judge.

ON PETITION FOR REHEARING

Omar Collins (Collins) petitions for rehearing claiming that this court’s Memorandum Decision handed down October 9, 1979 (Sullivan, J., dissenting) was erroneous in that it did not require a demonstration of prejudice in reversing a summary judgment entered before the ten day waiting period required by Ind. Rules of Procedure, Trial Rule 56(C) had expired.

Rehearing Granted.

We agree with Collins, grant rehearing, vacate our prior opinion, and affirm in part and reverse in part.

FACTS

We restate the facts from our prior opinion:

On July 4, 1974, Collins and…