Logal v. Cruse

The Porter Superior Court dismissed an action by appellant Logal because of Logal’s failure to comply with an order that he make available his physician for a deposition by the appellee-defendants. Logal filed a motion to correct errors challenging the dismissal as an abuse of discretion. After that motion was overruled he perfected his appeal in cause number 3-774A120 in the Court of Appeals.

During the pendency of that appeal, Logal filed with the trial court a motion under Ind. R. Tr. P. 60(B) seeking reinstatement of the suit. This motion was overruled, resulting in appeal number…