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KELLY v. BUNCH

No. 572A217.

287 N.E.2d 586 (1972)

Mary KELLY, Defendant-Appellant, v. Nellie BUNCH, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 8, 1972.

Attorney(s) appearing for the Case

John M. Clifton, Jr., J.A. Bruggeman, Barrett, Barrett & McNagny, Fort Wayne, for defendant-appellant.

Howard B. Sandler, Neil F. Sandler, Edward N. Smith, Fort Wayne, for plaintiff-appellee.

HOFFMAN, Chief Judge.

The sole issue presented by this appeal is whether the granting by the trial court of the motion to correct errors filed by plaintiff-appellee was correct. The portion of TR. 59, Indiana Rules of Procedure, IC 1971, 34-5-1-1, Rule 59, that is here involved is TR. 59(A)(6), which reads as follows:

"(A) Motion to correct errors — When granted. The court upon its own motion or the motion...

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