Gregory and Appel, Inc. v. Duck

SULLIVAN, Judge.

This appeal, based upon a contract action, is from a judgment on the pleadings pursuant to an Indiana Trial Rule 12(C) motion filed by defendants. Appellant, Gregory and Appel, assigns as error the following:

1) That the grant of judgment on the pleadings by the trial court was actually a Trial Rule 12(B)(6) dismissal for failure to state a claim upon which relief may be granted, thereby affording to appellant, its absolute right to amend its complaint, or, alternatively,

2) That the grant of judgment on the pleadings by the trial court more properly constituted a summary…