Legal Opinion

Central Indiana Podiatry, P.C., Northwest Surgery Center, LLC, d/b/a Foot & Ankle Surgery Center, f/k/a Foot & Ankle Surgery Center, LLC and Anthony E. Miller, D.P.M. v. Barnes & Thornburg, LLP

Indiana Court of Appeals

Decided March 2, 2017No. Court of Appeals Case 49A02-1603-PL-498PublishedCited by 1 opinion

1Opinion of the Court

OPINION ON REHEARING

May, Judge.

Central Indiana Podiatry, P.C., Northwest Surgery Center, LLC d/b/a Foot & Ankle Surgery Center f/k/a Foot & Ankle Surgery Center, LLC (“FASC”), and Anthony Miller, D.P.M. (“Miller”) (collectively, “the Miller Parties”) petition for rehearing of our decision dated October 19, 2016, in which we affirmed the trial court’s grant of summary judgment in favor of Barnes & Thornburg (“B&T”) based on our holding sua sponte the Miller Parties were precluded from advancing fraud-related arguments because they did not do so as part of a pleading. Central Indiana Podiatry,…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Gaboury v. Ireland Road Grace Brethren, Inc.Indiana Supreme Court · 1983
  2. Willis v. WesterfieldIndiana Supreme Court · 2006
  3. Demming v. UnderwoodIndiana Court of Appeals · 2011
  4. Brown v. Indiana National BankIndiana Court of Appeals · 1985
  5. America's Directories Inc. v. Stellhorn One Hour Photo, Inc.Indiana Court of Appeals · 2005

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3Cited by1 opinion

  1. Elizabeth Roumbos v. Samuel G. Vazanellis and Thiros and Stracci, PCIndiana Court of Appeals · 2017

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