CIRCLE CENTRE DEVELOPMENT CO. v. Y/G INDIANA, L.P.

No. 49A05-0107-CV-308.

762 N.E.2d 176 (2002)

CIRCLE CENTRE DEVELOPMENT COMPANY, Appellant, v. Y/G INDIANA, L.P. d/b/a Ybor's/Gibson's American Grill, Mark I. Gibson, and J. Guy Revelle, III, Appellees.

Court of Appeals of Indiana.

January 31, 2002.


Attorney(s) appearing for the Case

Donald D. Levenhagen, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, IN, Attorney for Appellant.

Robert C. Rothkopf, Thomas L. Landwerlen, Landwerlen & Rothkopf, Indianapolis, IN, Attorneys for Appellees.


OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Circle Centre Development Company ("Circle Centre") brings this interlocutory appeal from the trial court's denial of its motion to dismiss the defendants' Y/G Indiana, L.P., Mark I. Gibson, and J. Guy Revelle, III (collectively "Y/G") counterclaim for fraud. The sole issue for our review is whether the trial court erred as a matter of law when it denied Circle Centre's motion to dismiss Y/G's counterclaim...

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