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WURSTER CONST. CO., INC. v. ESSEX INS. CO.

No. 41A01-0903-CV-130.

918 N.E.2d 666 (2009)

WURSTER CONSTRUCTION CO., INC., Appellant-Defendant/Cross-Appellee, v. ESSEX INSURANCE COMPANY, Appellee-Plaintiff/Cross-Appellant, Kane Construction, Inc. and Christine McGinley, Special Administrator of the Estate of Christian King, Appellees-Defendants.

Court of Appeals of Indiana.

December 29, 2009.

Attorney(s) appearing for the Case

Joseph M. Dietz, Neil A. Davis, Andrew M. Sumerford, Meils Thompson Dietz & Berish, Indianapolis, IN, Attorneys for Appellant.

John T. Hume III, Edward F. Harney, Jr., Mark M. Holdridge, Hume Smith Geddes, Green & Simmons, LLP, Indianapolis, IN, Attorneys for Appellee, Essex Insurance Company.1

OPINION

KIRSCH, Judge.

Wurster Construction Co., Inc. ("Wurster") appeals the trial court's January 27, 2009 belated grant of Essex Insurance Company's ("Essex") motion to correct error. Wurster raises one issue on appeal, which we restate as two:

I. Whether the trial court's belated grant of Essex's motion to correct error, and resultant grant of summary judgment in favor of Essex, is void because Essex's motion was "deemed denied" by operation...

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