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Thursday, August 27, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (1):

In Denna Delacruz and Barry Barger v. Paul Wittig, a 10-page opinion, Judge Crone writes:

Reserve Sheriff’s Deputies Denna Delacruz and Barry Barger (collectively “the Deputies”) were assaulted and suffered injuries during their investigation of a disturbance at a Fourth of July party. They arrested and later filed a tort action against the alleged assailant, Paul Wittig. More than two years after the incident, Wittig filed a counterclaim alleging that the Deputies used excessive force during his arrest. The Deputies filed a motion to dismiss Wittig’s counterclaim as untimely, which the trial court denied. We accepted the Deputies’ interlocutory appeal and conclude that Wittig’s counterclaim is barred by the two-year statute of limitations. We therefore reverse the trial court’s denial of the Deputies’ motion to dismiss the counterclaim. * * *

In sum, Wittig’s counterclaim was untimely filed and does not otherwise qualify for exemption under Trial Rule 13(J)(1). As such, it was time-barred and subject to dismissal. Based on the foregoing, we conclude that the trial court erred in denying the Deputies’ motion to dismiss the counterclaim pursuant to Trial Rule 12(B)(6). Accordingly, we reverse and remand for proceedings consistent with this opinion.

NFP civil decisions today (0):

NFP criminal decisions today (3):

Antonio L. Chandler v. State of Indiana (mem. dec.)

Eric Dillon v. State of Indiana (mem. dec.)

Paul R. Hoffert v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 27, 2015 10:35 AM
Posted to Ind. App.Ct. Decisions