PANNELL v. LEONARD (2020)

Court of Appeals of Indiana.

David PANNELL, Appellant-Plaintiff, v. Bessie E. LEONARD, Appellee-Defendant.

Court of Appeals Case No. 19A-PL-938

Decided: July 06, 2020

Appellant Pro Se: David Pannell, Pendleton, Indiana Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Natalie F. Weiss, Deputy Attorney General, Indianapolis, Indiana

OPINION ON REHEARING

[1] David Pannell has petitioned for rehearing of our memorandum decision dated March 3, 2020.¹ We grant rehearing for the limited purpose of correcting a factual error in the decision but otherwise affirm.

[2] In our original decision, we stated incorrectly that on March 6, 2018, the federal district court had dismissed Pannell's complaint “with prejudice.” Pannell v. Leonard, Case No. 19A-PL-938, 2020 WL 1023454, *3 (Ind. Ct. App. March 3, 2020). Whereas, the federal district court had dismissed his complaint “without prejudice,” and remanded back to the trial court for consideration of any state-law claims by Pannell. Id.

[3] Aside from the factual error, we affirm our original memorandum decision in all aspects.

FOOTNOTES

1. Pannell captions his petition as a “Suggestion for Petition for Rehearing Enbanc.” The Court of Appeals of Indiana does not review decisions en banc.

Darden, Senior Judge.

Riley, J., and Tavitas, J., concur.

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