Legal Opinion

James T. Mitchell v. 10th And The Bypass, LLC, and Elway, Inc.

Indiana Court of Appeals

Decided December 4, 2012No. 53A01-1112-PL-593PublishedCited by 2 opinions

1Opinion of the Court

OPINION ON REHEARING

NAJAM, Judge.

James T. Mitchell has filed a petition for rehearing asking that we reconsider our holding that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B). We grant Mitchell’s petition to address his contention that our opinion misunderstands and mischaracterizes his argument. We think not. After careful consideration, we conclude that on rehearing Mitchell attempts to adjust and supplement his original argument, 1 which he cannot do. Having reviewed the original briefing,…

2Cases cited5 opinions

  1. Liggett v. YoungIndiana Supreme Court · 2007
  2. Wabash Grain, Inc. v. Bank OneIndiana Court of Appeals · 1999
  3. Clark County Drainage Board and Clark County Board of Commissioners v. Robert IsgriggIndiana Court of Appeals · 2012
  4. VAN PROOYEN BUILDERS, INC. v. LambertIndiana Court of Appeals · 2009
  5. Liggett v. YoungIndiana Court of Appeals · 2006

3Cited by2 opinions

  1. James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.Indiana Supreme Court · 2014
  2. Mitchell v. 10th & The Bypass, LLCIndiana Supreme Court · 2014

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