Opinion
Court of Appeals Case No. 21A-CT-616
11-10-2021
TIMBERLAND HOME CENTER INC., d/b/a Timberland Lumber Company, Appellant-Plaintiff, v. MARTINSVILLE REAL PROPERTY LLC, Appellee-Defendant
Attorney for Appellant: Tammy L. Ortman, Lewis & Kappes, P.C., Indianapolis, Indiana Attorneys for Appellee Richard B. Kaufman, Indianapolis, Indiana
Attorney for Appellant: Tammy L. Ortman, Lewis & Kappes, P.C., Indianapolis, Indiana
Attorneys for Appellee Richard B. Kaufman, Indianapolis, Indiana
MEMORANDUM DECISION ON REHEARING
Robb, Judge.
[1] This case comes before us on rehearing. In Timberland Home Ctr. Inc. v. Martinsville Real Prop., LLC , No. 21A-CT-616, 2021 WL 4468407 (Ind. Ct. App. Sept. 30, 2021), we concluded, in part, that Timberland did not judicially admit their mechanic's lien was untimely. Martinsville petitions for rehearing, raising multiple issues, including that the court misapplied the term "pleadings" in deciding the judicial admission issue. We grant rehearing to re-affirm our original conclusion. The court's reference to motions as pleadings does not change the outcome of the case. The other issues raised by Martinsville were fully discussed in the original opinion and need not be addressed here.
Martinsville filed a Motion to Strike that is being denied by separate order. We did not consider anything improperly before this court and the portions of Timberland's Response to Petition for Rehearing that Martinsville requests be struck do not affect the outcome of Martinsville's Petition for Rehearing.
[2] We grant Martinsville's petition for rehearing, but in doing so we re-affirm our original opinion in all respects.
Rehearing granted; affirmed.
Bradford, C.J., and Altice, J., concur.