TENNANT v. PEAKS VALLEYS INC (2018)

Court of Appeals of Indiana.

Susan TENNANT, Appellant-Defendant/Counter-Plaintiff, v. PEAKS & VALLEYS, INC., and Toni Staples, Appellees-Plaintiffs/Counter-Defendants

Court of Appeals Case No. 92A04-1710-CC-2474

Decided: August 28, 2018

Attorney for Appellant: Nathan D. Hoggatt, Fort Wayne, Indiana Attorney for Appellee: Dawn M. Boyd, Law Office of Dawn M. Boyd, Columbia City, Indiana

MEMORANDUM DECISION ON REHEARING

[1] We grant Tennant's petition for rehearing for the limited purpose of addressing her argument that we erred by finding that the trial court's order did not refer to modifications to the Project. We found that “as the trial court did not make any findings of fact or conclusions of law related to modifications under HICA, it appears that Tennant is raising this issue for the first time on appeal.” Tennant v. Peaks & Valleys, Inc., No. 92A04-1710-CC-2474, slip op. at 8 n.9 (Ind. Ct. App. July 6, 2018).

[2] Tennant points out that the trial court did make findings of fact and conclusions of law about the modifications. It is true that the trial court mentioned modifications in its order—but the trial court did not make findings of fact or conclusions of law about the modifications under HICA. Rather, its conclusions of law about modifications to the Project clearly fall under its discussion of P & V's breach of contract claim. Appealed Order p. 8.

[3] Our original decision stands.

Affirmed in part; reversed in part.

Baker, Judge.

Vaidik, C.J., and Barnes, S.J., concur.

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