Opinion · Indiana Supreme Court

BERNS CONSTRUCTION CO., INC. v. Miller

516 N.E.2d 1053

Type
Opinion
Court
Indiana Supreme Court
Jurisdiction
Indiana
Date
1987-12-15
Topic
international-arbitration

ON PETITION TO TRANSFER PIVARNIK, Justice. This cause comes to us on a petition to transfer from the First District Court of Appeals, brought by Appellees (Defendants below), Arthur R. Miller and Ruth E. Miller. Recognizing the issues raised in this cause are of sufficient public importance and finding a diversity among the Districts of the Court of Appeals in the resolution of these issues, we grant transfer.

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Cited by
10 opinions

ON PETITION TO TRANSFER

PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the First District Court of Appeals, brought by Appellees (Defendants below), Arthur R. Miller and Ruth E. Miller. Recognizing the issues raised in this cause are of sufficient public importance and finding a diversity among the Districts of the Court of Appeals in the resolution of these issues, we grant transfer.

We summarily affirm Berns Constr. Co. v. Miller (1986), Ind.App., 491 N.E.2d 565. To the extent the holdings in NIPSCO v. Fattore (1985), Ind.App., 486 N.E.2d 633 and Luxurious Swimming Pools, Inc. v. Tepe (1978), 177 Ind.App. 384, 379 N.E.2d 992, are in conflict, we hereby overrule them.

SHEPARD, C.J., and DeBRULER, J., concur. GIVAN and DICKSON, JJ., dissent without separate opinions.