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DeVITTORIO v. WERKER BROS., INC.

No. 43A05-9303-CV-83.

634 N.E.2d 528 (1994)

Joseph M. DeVittorio and Janet H. DeVittorio, Appellants-Defendants, v. WERKER BROTHERS, Inc., Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

May 19, 1994.

Attorney(s) appearing for the Case

Stephen R. Snyder, Donald K. Broad, Beckman, Lawson, Sandler Snyder & Federoff, Syracuse, for appellants.

R. Steven Hearn, Lemon, Reed, Armey, Hearn & Leininger, Warsaw, for appellee.

NAJAM, Judge.

STATEMENT OF THE CASE

Joseph M. and Janet H. DeVittorio (the "DeVittorios") appeal from the trial court's grant of a new trial pursuant to a motion to correct error filed by Werker Brothers, Inc. ("Werker"). The DeVittorios contend that the trial court abused its discretion in granting a new trial pursuant to Trial Rule 59(J) because the court specifically found that no error existed in its original...

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