CLEVELAND RANGE v. LINCOLN FORT WAYNE

No. 02A05-1503-PL-96.

43 N.E.3d 622 (2015)

CLEVELAND RANGE, LLC, Appellant-Respondent, v. LINCOLN FORT WAYNE ASSOCIATES, LLC, Appellee-Petitioner.

Court of Appeals of Indiana.

September 4, 2015.


Attorney(s) appearing for the Case

Kelly J. Hartzler , Barnes & Thornburg LLP, South Bend, IN, Attorney for Appellant.

Thomas A. Herr , William A. Ramsey , Barrett McNagny, LLP, Fort Wayne, IN, Attorneys for Appellee.


Cleveland Range, LLC ("Cleveland") appeals an order permitting Lincoln Fort Wayne Associates, LLC ("Lincoln") to depose three of Cleveland's witnesses even though Lincoln has not yet initiated litigation. As that order was not an abuse of the trial court's discretion, we affirm.1

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