493 NE2D 1323 - Fisher v. Davis

How this case has been cited

Cited by 5 later decisions — most recently February 2020

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1OPINION ON REHEARING

GARRARD, Judge.

¶2Appellee's petition for rehearing asserts, inter alia, uncertainty as to the procedure available to the court on remand following our decision of February 11, 1986, 488 N.E.2d 725.

¶3Our opinion did not dispute the authority of the trial court sua sponte to raise errors occurring at trial and to grant appropriate relief thereon.

¶4The ground of reversal was the court's failure to give notice of the proposed grounds for granting relief to the parties affected and then affording them the opportunity to be heard thereon.

¶5Upon remand the court upon providing such notice and hearing may proceed to hear and determine the questions thus presented.

¶6The petition for rehearing is denied.

HOFFMAN, J., concurs.STATON, P.J., dissents.