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NAVARRO v. BIERNAT

No. 37A03-8809-CV-290.

546 N.E.2d 103 (1989)

Manuel NAVARRO, Plaintiff-Appellant, v. William BIERNAT, Mary Biernat, Manuel Santos, L.A. Construction Co., a Partnership, and L.A. Construction Co., Inc., (a Corporation Organized under the Laws of the State of Indiana) Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied February 20, 1990.

Attorney(s) appearing for the Case

Kathryn D. Schmidt, Burke, Murphy, Costanza & Cuppy, Merrillville, for plaintiff-appellant.

John L. Kelly, Jr., Merrillville, for defendants-appellees.

GARRARD, Presiding Judge.

Manuel Navarro (Navarro) appeals the trial court's ruling that his motion for clarification, entry of final judgment, and leave to amend were untimely. We reverse.

Procedural History

The action was originally filed in July of 1984. Navarro's complaint was dismissed pursuant to Indiana Rules of Procedure, Trial Rules 9(B) and 12(B)(6). Navarro was first given thirty days to amend and was, as part of an order correcting...

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