Legal Opinion

Belcaster v. Miller

Indiana Court of Appeals

Decided April 7, 2003No. 46A05-0209-CV-466PublishedCited by 42 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Robert and Carolyn Beleaster appeal the trial court's Trial Rule 41(E) dismissal of their lawsuit for failure to prosecute. Specifically, the Beleasters contend that the trial court erred in dismissing their lawsuit because they moved the case forward by filing a motion to set the case for trial. Because the Beleasters filed their motion to set trial after one set of defendants filed a Trial Rule 41(E) motion to dismiss, ten months had passed without any action in the case, and the Belcasters provide no reason for the inaction on appeal, we conclude that the…

2Cases cited4 opinions

  1. Hill v. DuckworthIndiana Court of Appeals · 1997
  2. Benton v. MooreIndiana Court of Appeals · 1993
  3. Lee v. FriedmanIndiana Court of Appeals · 1994
  4. Metcalf v. Estate of HastingsIndiana Court of Appeals · 2000

3Cited by42 opinions

  1. Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M., and Achilles Podiatry GroupIndiana Supreme Court · 2013
  2. Lee v. PughIndiana Court of Appeals · 2004
  3. Chawknee P. Caruthers v. State of IndianaIndiana Court of Appeals · 2016
  4. Deutsche Bank National Trust Co. v. HarrisIndiana Court of Appeals · 2013
  5. Rueth Development Co. v. MuenichIndiana Court of Appeals · 2004

37 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API