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Joseph J. Reiswerg and Cohen Garelick & Glazier v. Pam Statom
State: Indiana
Court: Court of Appeals
Docket No: 49A02-0801-CV-49
Case Date: 03/05/2009
Preview:FOR PUBLICATION
ATTORNEYS FOR APPELLANTS: DAVID T. KASPER JULIA BLACKWELL GELINAS MAGGIE L. SMITH Frost Brown Todd Indianapolis, Indiana MICHAEL E. BROWN ERIC D. JOHNSON Kightlinger & Gray Indianapolis, Indiana ATTORNEYS FOR APPELLEE: TODD J. KAISER JOHN K. HENNING Ogletree Deakins Nash Smoak & Stewart Indianapolis, Indiana

FILED
Mar 05 2009, 8:23 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
JOSEPH J. REISWERG and COHEN GARELICK & GLAZIER, Appellants-Defendants, vs. PAM STATOM, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) )

No. 49A02-0801-CV-49

APPEAL FROM THE MARION SUPERIOR COURT The Honorable David Shaheed, Judge Cause No. 49D01-0511-PL-043816

March 5, 2009 OPINION ON REHEARING BROWN, Judge

Pam Statom and Joseph Reiswerg filed separate petitions for rehearing from the published opinion of Reiswerg v. Statom, 897 N.E.2d 490 (Ind. Ct. App. Dec. 5, 2008). In the opinion, we dismissed Reiswerg's appeal, affirmed the trial court's order striking Reiswerg's motion for summary judgment, reversed the trial court's order striking a motion for summary judgment filed by Cohen Garelick & Glazier ("CGG"), and remanded for consideration of CGG's motion for summary judgment. On rehearing, Reiswerg argues that we erred by dismissing his appeal because "the existence of at least one appealable order subjects the entire proceeding to appellate scrutiny, including review of interlocutory orders not otherwise appealable in their own right." Reiswerg's Petition for Reh'g at 1. Statom also filed a separate petition for rehearing, arguing that we erred by reversing the trial court's order striking CGG's motion for summary judgment. For the following reasons, we grant the petitions for rehearing but affirm our prior opinion in all respects. I
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