GILL v. POLLERT

No. 36S01-0304-CV-163.

810 N.E.2d 1050 (2004)

W. Brent GILL and Marina Gill, Appellants (Defendants and Cross-Claimants below), v. Fred POLLERT and Pollerts' Inc., Appellee and Cross-Appellee (Defendant and Cross-Defendant below), Onyx Paving Company, Inc., Appellee and Cross-Appellant(Plaintiff below), Penn-America Insurance Co., Appellee (Defendant and Cross-Defendant below), and GAB Robins North America, Inc., Appellee (Defendant below).

Supreme Court of Indiana.

June 30, 2004.


Attorney(s) appearing for the Case

David W. Stone IV, Stone Law Office & Legal Research, Anderson, IN, Patrick W. Harrison, Harrison & Dalmbert, Columbus, IN, Attorneys for W. Brent Gill and Marina Gill.

John A. Stroh, Lisa A. Anderson, Sharpnack Bigley, LLP, Columbus, IN, Attorneys for Onyx Paving Company, Inc.

Keith A. Kinney, Alan J. Irvin, Hill Fulwider McDowell Funk & Matthews, Indianapolis, IN, Attorneys for Fred Pollert and Pollerts' Inc.

Brent Threlkeld, Neal F. Eggeson, Jr., Threlkeld Reynolds, LLP, Indianapolis, IN, Attorneys for Penn-America Ins. Co.


ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 36A01-0203-CV-97.

DICKSON, Justice.

We granted transfer in this case to consider the relation-back of a cross-claim filed timely but where leave of court was not sought and granted until after the expiration of the statute of limitations.

This litigation arises from the aftermath of a fatal fire that destroyed the Centennial Hotel building in Seymour, Indiana, on December 25, 1998. The...

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