Rueth Development v. Powers-Rueth & Assoc., et al. - 10/20/14

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Monday  October 20, 2014 
2:00 PM  EST

2 p.m. 45A05-1402-PL-80. Appellant-Plaintiff Rueth Development Company ("RDC") appeals the trial court's order granting summary judgment in favor of Appellees-Defendants Powers-Rueth & Associates, Donald S. Powers, Margaret F. Powers, Frankie L. Fesko, Timothy Fesko, and Joe P. Williamson (collectively, "Appellees"). RDC contends that the award of summary judgment in favor of Appellees was improper because issues of material fact remain that would preclude an award of summary judgment. RDC further contends that the trial court abused its discretion in denying its request to submit supplemental evidence prior to the summary judgment hearing and in denying its motion for leave to amend its complaint. For their parts, Appellees contend that the trial court properly granted summary judgment in their favor, and that the trial court acted within its discretion in denying RDC's request to filed supplemental materials and amend its proceedings.

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