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EVERGREEN SHIPPING v. DJURIC TRUCKING, INC.

No. 45A03-1302-CC-40.

996 N.E.2d 337 (2013)

EVERGREEN SHIPPING AGENCY CORP., Appellant/Plaintiff v. DJURIC TRUCKING, INC., Appellee/Defendant.

Court of Appeals of Indiana.

September 17, 2013.

Attorney(s) appearing for the Case

Fred Pfenninger , Andrew Huber , Pfenninger & Associates, Indianapolis, IN, Attorneys for Appellant.

David J. Beach , Brian R. Dehem , Eichhorn & Eichhorn, LLP, Hammond, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

Evergreen Shipping Agency Corp. ("Evergreen") appeals the award of attorney's fees to Djuric Trucking, Inc. ("Djuric"). Evergreen contends that the award is barred by res judicata and that Djuric waived its claim to attorney's fees. Because we conclude that the award is not barred by res judicata and Djuric has not waived its claim, we affirm.

Facts and Procedural History

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