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RAY-RON CORP. v. DMY REALTY CO.

No. 2-1184A333.

485 N.E.2d 937 (1985)

RAY-RON CORP., d/b/a Noble Roman's Pizza, Ronald W. Horsfield and Robert A. Yaggi, Jr., Appellants (Defendants below), v. DMY REALTY COMPANY, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied February 19, 1986.

Attorney(s) appearing for the Case

John W. Purcell, Hudnall A. Pfeiffer, Baker & Daniels, Indianapolis, for appellants (defendants below).

Clarence H. Doninger, Patricia Seasor Bailey, Stark Doninger Mernitz & Smith, Indianapolis, for appellee (plaintiff below).

SULLIVAN, Judge.

Ray-Ron Corporation, d/b/a Noble Roman's Pizza, and the two individual defendant-appellants, Yaggi and Horsfield, challenge the trial court's entry of partial summary judgment upon motion filed by DMY Realty. For reasons which follow, we sua sponte dismiss this appeal as untimely.

Ray-Ron and DMY executed an agreement on September 6, 1972, for the lease of a building adjacent to a shopping center also owned by DMY. The use of the premises...

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