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Friday, April 08, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 3 NFP)

For publication opinions today (2):

In Samuel D. Raisor, et al. v. Edward O. Carter, et al. , a 16-page opinion, Judge Crone writes:

In this case, we examine the procedural rules governing the time limitations for filing a complaint and amending it to substitute a defendant. * * *

The Raisors now appeal, claiming that the trial court erred in concluding that their action was barred by the statute of limitations and the trial rule governing amended complaints. They also assert that the trial court abused its discretion in denying their motion for an extension of the notice period. We agree with both assertions and reverse and remand for further proceedings consistent with this decision. * * *

Notwithstanding our conclusion that the Raisors’ amended complaint was not barred by Trial Rule 15(C) and the two-year statute of limitations, we further conclude that any neglect on their part was excusable based on their reliance on public records and the insurer’s correspondence. As such, they should have been afforded the protection of the equitable safety net found in Trial Rule 6(B). In sum, we reverse and remand for proceedings consistent with this decision.

Gerald W. Sandefur v. State of Indiana

NFP civil opinions today (1):

Dana Birdin v. Barbara Blakemore (NFP)

NFP criminal opinions today (2):

Mark Gregory v. State of Indiana (NFP)

Joseph Dixon v. State of Indiana (NFP)

Posted by Marcia Oddi on April 8, 2011 11:59 AM
Posted to Ind. App.Ct. Decisions