PROVIDENT BANK v. TRI-COUNTY SO. ASPHALT

No. 49A02-0304-CV-341.

806 N.E.2d 802 (2004)

The PROVIDENT BANK, Appellant-Defendant, v. TRI-COUNTY SOUTHSIDE ASPHALT, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

April 14, 2004.


Attorney(s) appearing for the Case

A. Donald Wiles, II., Mark W. Pfeiffer, Harrison & Moberly, Indianapolis, IN, Douglas Haman, Cincinnati, OH, Attorneys for Appellant.

Robert G. Elrod, Jonathan R. Elrod, Elrod & Mascher, Indianapolis, IN, Attorneys for Appellee.


OPINION—ON REHEARING

BAKER, Judge.

Appellant-plaintiff Tri-County Southside Asphalt, Inc. (Tri-County) brings this petition for rehearing. We grant this petition for the purpose of addressing the course of proceedings following our opinion issued on February 27, 2004.1

Tri-County notes our opinion, reported as The Provident Bank v. Tri-County Southside Asphalt, Inc., 804 N.E.2d 161

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