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SMITH v. KING

No. 45A03-0806-CV-308.

907 N.E.2d 1088 (2009)

Kenneth E. SMITH, Jr. and Cathy Smith, Husband and Wife, Appellants-Plaintiffs, and Jeffery Harbrecht, Appellant-Defendant, v. Gerhard KING and Christine King, Husband and Wife, Appellees-Defendants.

Court of Appeals of Indiana.

June 23, 2009.

Attorney(s) appearing for the Case

Caleb S. Johnson, Spangler Jennings & Dougherty, William L. Touchette, Merrillville, IN, David N. Gilyan, Hobart, IN, Attorneys for Appellants.

Matthew J. Hagenow, Newby Lewis Kaminski & Jones, La Porte, IN, Attorney for Appellees.

OPINION ON REHEARING

BROWN, Judge.

Jeffrey Harbrecht petitions for rehearing of this court's published opinion in Smith v. Harbrecht & King, 902 N.E.2d 878 (Ind.Ct.App.2009), in which we affirmed the trial court's grant of summary judgment to Gerhard King and Christine King. On rehearing, Harbrecht raises two issues, which we restate as:

I. Whether this court erred by holding that Harbrecht waived the...

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