Randy Tony, Appellant-Plaintiff, v. Patrick Industries, Inc., Appellee-Defendant. (2024)

MEMORANDUM DECISION ON REHEARING

Robb, Senior Judge.

[1] Randy Tony has filed a petition for rehearing from this Court's original decision in his appeal, and Patrick Industries, Inc. has filed its response to the petition. We grant the petition for rehearing for the sole purpose of confirming our original decision.

[2] Longstanding precedent holds that “[t]he object and purpose of a petition for rehearing is to give the reviewing court an opportunity to correct its own omissions or errors by having them called to said court's attention.” Daviess-Martin Cnty Rural Tel. Corp. v. Public Serv. Comm'n of Ind., 175 N.E.2d 439, 440 (Ind. Ct. App. 1961). “A petition for rehearing should ask for a rehearing only on points which were originally properly presented that were overlooked or improperly decided.” Id. However, unsubstantiated allegations and statements not enjoying support in the record, such as those advanced here, do not establish error in need of correction.

[3] Furthermore, precedent directs us to the correct standard of review, which we followed in this appeal.

[4] We confirm our original opinion in all respects.

Memorandum Decision by Senior Judge Robb

Judges Kenworthy and Felix concur. Kenworthy, J., and Felix, J., concur.