Rotec, Division of Orbitron, Inc. v. Murray Equipment, Inc.

HOFFMAN, Judge.

This is a permissive interlocutory appeal pursuant to Ind. Appellate Rule 4(B)(6). Two separately filed appeals stemming from the same transaction were consolidated for the convenience of the parties, allowing a single record to be filed for both actions. For purposes of review, the two appeals will be addressed separately. The parties in the action addressed herein are Murray Equipment, Inc. (Murray, Inc.) and C & W Fabricating, Inc. (C & W). C & W is appealing from the trial court’s denial of its second motion for summary judgment.

The procedural history and facts pertinent to…