Gerald C. Miller v. Terre Haute Regional

Simon Property Group, L.P., ("Simon") brings this interlocutory appeal of the trial courts grant of the motion to correct error filed by Michigan Sporting Goods Distributors, Inc., ("MC Sports") after the court granted Simons motion for summary judgment. Simon raises one issue, which we restate as whether the trial court abused its discretion when it granted MC Sports motion to correct error because MC Sports had waived its arguments by failing to raise them prior to the courts grant of summary judgment. MC Sports cross-appeals, arguing the trial court erroneously granted summary judgment to Simon regarding the availability of additional remedies under the relevant section of the contract.