INDIANA DEPT. OF TRANSP. v. HOWARD

No. 46A05-0701-CV-36.

873 N.E.2d 72 (2007)

INDIANA DEPARTMENT OF TRANSPORTATION and State of Indiana, Appellants-Defendants, v. Robert HOWARD and Lynn Howard, Individually and as Co-Administrators of the Estate of Amber L. Howard, E & B Paving, Inc. d/b/a Cedar Crest Enterprises d/b/a Mohr Construction Company, United Rentals (North America), Inc., d/b/a United Rentals Highway Technologies, Inc., d/b/a United Rentals Norwest, Inc., d/b/a United Rentals, Inc., and Calvin Napier, Appellees-Plaintiffs.

Court of Appeals of Indiana.

September 4, 2007.


Attorney(s) appearing for the Case

Robert J. Palmer, D. Andrew Spalding, May Oberfell Lorber, Mishawaka, IN, Attorneys for Appellants.

Bruce P. Clark, Stacy J. Vasilak, Bruce P. Clark & Associates, Munster, IN, Attorneys for Appellees.


OPINION

ROBB, Judge.

The State of Indiana and the Indiana Department of Transportation (collectively referred to as "INDOT") appeal the trial court's denial of their motion for summary judgment. Concluding that the order denying summary judgment is an interlocutory order that INDOT did not have certified by the trial court and accepted by this court as an interlocutory appeal, we do not have subject matter jurisdiction over this case and therefore dismiss...

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