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Timberland Home Ctr. Inc. v. Martinsville Real Prop. LLC

Court of Appeals of Indiana.
Nov 10, 2021
178 N.E.3d 826 (Ind. App. 2021)

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.


Summaries of

Timberland Home Ctr. Inc. v. Martinsville Real Prop. LLC

Court of Appeals of Indiana.
Nov 10, 2021
178 N.E.3d 826 (Ind. App. 2021)
Case details for

Timberland Home Ctr. Inc. v. Martinsville Real Prop. LLC

Case Details

Full title:TIMBERLAND HOME CENTER INC., d/b/a Timberland Lumber Company…

Court:Court of Appeals of Indiana.

Date published: Nov 10, 2021

Citations

178 N.E.3d 826 (Ind. App. 2021)