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WESTLAKE v. BENEDICT

No. 2-1283A457.

469 N.E.2d 27 (1984)

Robert G. WESTLAKE and Arrowhead Apartments, Ltd., Phase II, Appellants (Defendants below), v. Paul F. BENEDICT, et al., Appellees (Plaintiffs below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 4, 1984.

Attorney(s) appearing for the Case

James E. Mahoney, Barnes & Thornburg, Indianapolis, for appellants.

Thomas A. Withrow, Robert T. Wildman, Henderson, Daily, Withrow & DeVoe, Indianapolis, for appellees.

SHIELDS, Judge.

Robert Westlake and Arrowhead Apartments, Ltd., Phase II (hereinafter "Westlake") appeal the trial court's judgment granting Paul Benedict et al (hereinafter "Limited Partners") relief from the court's previous judgment of dismissal pursuant to Ind.Rules of Procedure, Trial Rule 41(E), for its failure to prosecute the action.

The sole issue for our consideration is whether it was an abuse of the trial court's equitable discretion to grant Limited...

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