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MITCHELL v. 10TH AND BYPASS, LLC

No. 53A01-1112-PL-593.

973 N.E.2d 606 (2012)

James T. MITCHELL, Appellant, v. 10TH AND the BYPASS, LLC, and Elway, Inc., Appellees.

Court of Appeals of Indiana.

August 28, 2012.

Attorney(s) appearing for the Case

Michael L. Carmin , Gregory A. Bullman , Andrews Harrell Mann Carmin & Parker, P.C., Bloomington, IN, Attorneys for Appellant.

Donn H. Wray , Nicholas K. Gahl , Stewart & Irwin, P.C., Indianapolis, IN, Stephen Schrumpf , Brown Deprez & Johnson, P.A., Shelbyville, IN, Attorneys for Appellees.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

James T. Mitchell appeals from the trial court's order that vacated partial summary judgment for Mitchell and against 10th and The Bypass, LLC ("the LLC"). The LLC and Elway, Inc. ("Elway") filed a joint motion to vacate the partial summary judgment and tendered new evidence against Mitchell, and the trial court granted the motion and reinstated Mitchell as a defendant. Mitchell contends that, because...

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