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MITCHELL v. 10TH AND BYPASS, LLC

No. 53A01-1112-PL-593.

981 N.E.2d 551 (2012)

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

Court of Appeals of Indiana.

December 4, 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 ON REHEARING

NAJAM, Judge.

James T. Mitchell has filed a petition for rehearing asking that we reconsider our holding that the trial court did not abuse its discretion when it vacated its interlocutory partial summary judgment for Mitchell under Indiana Trial Rule 54(B). We grant Mitchell's petition to address his contention that our opinion misunderstands and mischaracterizes his argument. We think not. After careful consideration, we conclude that...

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