LEO MACHINE & TOOL, INC. and Elmotec Statomat, Inc., Appellants-Plaintiffs, v. POE VOLUNTEER FIRE DEPARTMENT, INC., a/k/a Poe Community Volunteer Fire Department, Inc., a/k/a Poe Volunteer Fire Department and Anderson Excavating, Inc., Appellee Defendants

OPINION ON REHEARING

RILEY, Judge.

Appellee, Anderson Excavating, Inc. (Anderson), has filed a petition for rehearing requesting us to reconsider our statement that [Anderson] is not a party to this appeal. See Leo Machine & Tool, Inc. v. Poe Volunteer Fire Dept., Inc., 936 N.E.2d 855, 855 n. 1 (Ind.Ct.App.2010). We grant Andersons petition for rehearing for the limited purpose of reviewing this statement.

We acknowledge that the court of appeals docket reflects that Anderson filed his brief on July 23, 2010. However, upon review, we note that Andersons appellate brief was never included in the fully transmitted case and as such, this panel did not have Andersons brief when reviewing Leo Machines claims.

Nevertheless, as Anderson was Poe Fire Departments agent, we affirm our opinion in full with the addition that we now also affirm the trial courts summary judgment in favor of Anderson on the same legal grounds.

KIRSCH, J., and BAILEY, J., concur.