PHILLIPS v. NAY

No. 2-1282A415.

456 N.E.2d 745 (1983)

Carl E. PHILLIPS and A. Jeannine Phillips, Appellants (Defendants below), v. Richard M. NAY and Jean P. Nay, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

November 29, 1983.


Attorney(s) appearing for the Case

Belle T. Choate, Indianapolis, for appellants.

Jim A. O'Neal, Ice, Miller, Donadio & Ryan, Indianapolis, for appellees.


SHIELDS, Judge.

The Phillips' first asserted error is the trial court's failure to render judgment on their counterclaim. The essence of their argument is the lack of a judgment on the counterclaim deprives the existing judgment of appealable finality. Without considering the merits, we hold this asserted error is not available to Phillips. As appellants, the Phillips represent to this court that the judgment they are appealing is an appealable judgment. If the judgment...

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