FOR PUBLICATION
APPELLANT PRO SE: ATTORNEY FOR APPELLEE:
KRISTIN S. HILL NICHOLAS K. ROHNER
Indianapolis, Indiana Weltman, Weinberg & Reis
Cincinnati, Ohio
KRISTIN S. HILL, ))
PETITION FOR REHEARING FOR PUBLICATION
Appellant-defendant Kristin Hill presents a petition for rehearing regarding our affirmance of summary
judgment in favor of appellee-plaintiff Ebbets Partners, Ltd. (Ebbets) in its action against
her for breach of contract. Hill v. Ebbets Partners, Ltd., 812 N.E.2d
1060 (Ind. Ct. App. 2004). However, Hill filed her petition and a
request for an extension of time one day after the deadline had passed.
Indiana Appellate Rule 54(B) provides, A Petition for Rehearing shall be filed
no later than thirty (30) days after the decision. Rule 25(C), which
grants a three-day extension of time for service by mail or third-party commercial
carrier, does not extend the due date, and no extension of time shall
be granted. (Emphasis added). Thus, we are without legal authority to
grant her request for rehearing, and the opinion is certified by operation of
the Rules of Appellate Procedure.
Nevertheless, we do have authority to sua sponte modify our opinions. See
Lulay v. Lulay, 591 N.E.2d 154 (Ind. Ct. App. 1992). In dicta
in our previous opinion, we stated, Thus, we caution Ebbets and all creditors
to take all necessary steps to ensure that their debt collectors are following
the mandates of federal law. Hill, 812 N.E.2d at 1064. Such
language could be construed as a finding that Ebbets was, in fact, a
creditor. However, we did not reach that question in our opinion.
It was merely a warning to Ebbets individually and to creditors and debt
collectors in general to follow the Fair Debt Collection Practices Act. In
all other respects, we adhere to the rationale set forth in our previous
opinion.
The judgment of the trial court is affirmed.
FRIEDLANDER, J., and BAILEY, J., concur.