ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE:
JAMES C. SPENCER PETER A. SCHROEDER
Indianapolis, Indiana ELLEN WHITE QUIGLEY
Norris, Choplin & Schroeder
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
STEVEN D. FRICKE and CHERYL FRICKE, )
)
Appellants-Plaintiffs, )
)
vs. ) No. 49A02-9705-CV-00281
)
LYNNETTE GRAY, )
)
Appellee-Defendant. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Richard Huston, Judge
Cause No. 49D10-9412-CT-0261
April 28, 1999
PETITION FOR REHEARING
FOR PUBLICATION
RATLIFF, Senior Judge
ON PETITION FOR REHEARING
In their petition for rehearing, the Frickes contend that we have misstated the record
with regard to the admission of the Frickes' income tax returns. They claim that the evidence
erroneously was admitted over an objection based upon relevance and a motion in limine
with respect to fraud.
The record does reflect that the trial court ruled on one of their motions in limine that
evidence of fraud and arson would not be admitted at trial because Gray had not
affirmatively pleaded those defenses pursuant to Ind.Trial Rule 8(C). Our discussion of that
issue appears in section VI of the opinion. However, the trial court specifically ruled on a
motion in limine that income tax return evidence would be admitted at trial.
In our discussion of the admission of the income tax return evidence, in section II of
the opinion, we correctly stated what the record reflects. The objection to the income tax
return evidence at trial was in addition to the uh, previous objection also, violation of
Motion in Limine. (R. 552). The previous objection was one based on relevance. While
we acknowledge that the Frickes did argue in their brief that the objection made was
relevance and a violation of a motion in limine with respect to fraud, Appellant's Brief at 16,
our statement of the record and the section of our opinion dealing with it is correct. The
objection made was a general objection which does not preserve error for appellate review.
Further, the objection relating to a violation of a motion in limine was not a specific
objection, in that it did not identify which motion in limine was violated or the subject
covered by the motion, i.e., fraud, arson, or income tax returns.
Petition for rehearing denied.
STATON, J., and DARDEN, J., concur.
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