David Pannell v. Bessie E. Leonard

• Court: Indiana Court of Appeals
• Decided: July 6, 2020
• Docket: 19A-PL-938
• Status: Published

Opinion

FILED OPINION ON REHEARING Jul 06 2020, 8:25 am

CLERK Indiana Supreme Court Court of Appeals and Tax Court

APPELLANT PRO SE ATTORNEYS FOR APPELLEE David Pannell Curtis T. Hill, Jr. Pendleton, Indiana Attorney General of Indiana

Natalie F. Weiss Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

David Pannell, July 6, 2020 Appellant-Plaintiff, Court of Appeals Case No. 19A-PL-938 v. Appeal from the LaPorte Superior Court Bessie E. Leonard, The Honorable Richard R. Appellee-Defendant. Stalbrink, Jr., Judge Trial Court Cause No. 46D02-1801-PL-111

Darden, Senior Judge.

Court of Appeals of Indiana | Opinion on Rehearing 19A-PL-938 | July 6, 2020 Page 1 of 2 [1] David Pannell has petitioned for rehearing of our memorandum decision dated 1 March 3, 2020. 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, *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.

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

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.

Court of Appeals of Indiana | Opinion on Rehearing 19A-PL-938 | July 6, 2020 Page 2 of 2