BERNS CONSTRUCTION CO., INC. v. Miller
Cases that cite this one
8 later published cases cite this decision.
- Wells v. Stone City Bank (Ind. Ct. App. 1998)
- St. Paul Fire & Marine Insurance v. Pearson Construction Co. (Ind. Ct. App. 1990)
- Jeffrey M. Miller and Cynthia S. Miller v. Kristine C. Danz (Ind. Ct. App. 2015)
- J.M. Foster, Inc. v. Spriggs (Ind. Ct. App. 2003)
- George E. Hemenway v. Peabody Coal Company and Peabody Development Company (7th Cir. 1998)
- Hendrickson v. Peabody Coal Co. (District Court, W.D. Kentucky 1997)
- National Steel Erection v. Hinkle (Ind. Ct. App. 1989)
- Covalt v. Carey Canada, Inc. (Ind. 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ON PETITION TO TRANSFER
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.