Thursday, February 20, 2014
Ind. Decisions - Supreme Court decides one today
In James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc., a 10-page, 5-0 opinion, Justice Rucker writes:
In this appeal we address whether evidence obtained after entry of an order granting a motion for partial summary judgment may form the basis for vacating that order on grounds that a non-final order is subject to revision at any time before entry of a final judgment. We conclude it may not. We also address whether relief from judgment under our Trial Rules is limited only to final judgments. We conclude it is not. * * *
This case requires us to explore the interplay between Trial Rule 54(B) – Judgment upon multiple claims or involving multiple parties and Trial Rule 56 – Summary judgment, when new evidence is submitted to the trial court following entry of partial summary judgment. * * *
We reverse the judgment of the trial court and remand this cause for further proceedings.
Posted by Marcia Oddi on February 20, 2014 11:23 AM
Posted to Ind. Sup.Ct. Decisions