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Monday, November 18, 2013

Ind. Decsions - SCOIND issues per curiam ruling today

In Gersh Zavodnik v. Michela Rinaldi, et al, a 2-page, per curiam ruling with all justices concurring, which reads in part:

The issue in this appeal is whether Zavodnik has shown he has made successful service of his complaint on Rinaldi, who is a resident of Italy. * * *

[The trial court had found: "There are various documents in the file which the Plaintiff purports to be proof of service but they are apparently in Italian, without translation."]

On appeal, the Court of Appeals agreed with Zavodnik that the forms were in both Italian and English, contrary to the trial court's finding. The Court of Appeals nevertheless affirmed, citing Zavodnik's failure to support his argument that he had served Rinaldi with sufficient citations to or quotations from relevant law. Zavodnik seeks transfer.

Under the unique circumstances presented, the Court concludes that the trial court's order of dismissal should be reversed. We grant transfer of jurisdiction, reverse the order of dismissal, and remand to the trial court for further proceedings, without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration.

Posted by Marcia Oddi on November 18, 2013 02:31 PM
Posted to Ind. Sup.Ct. Decisions