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Legal Opinion

Melba Polk-King v. Discover Bank

Indiana Court of Appeals

Decided March 14, 2019No. Court of Appeals Case 18A-SC-1772PublishedCited by 1 opinion

1Opinion of the Court

Altice, Judge.

Case Summary

[1] Discover Bank (Discover) initiated a small claims action against Melba Polk-King in 2014. Following a failed arbitration in 2015 and another year of inaction by Discover, the court dismissed the action without prejudice in 2017 for failure to prosecute. Upon Discover's motion, the court later reinstated the action and then stayed the action for a second attempt at arbitration. Polk-King argued that the reinstatement was improper, the statute of limitations had run, and Discover could not reinitiate arbitration. Despite her protests, the second arbitration…

2Cases cited9 opinions

  1. Todd Sink v. Aden Enterprises, Inc., a California Corporation and Michael LutherCourt of Appeals for the Ninth Circuit · 2003
  2. Pre-Paid Legal Services, Inc. v. CahillCourt of Appeals for the Tenth Circuit · 2015
  3. Lee v. PughIndiana Court of Appeals · 2004
  4. Niksich v. CottonIndiana Supreme Court · 2004
  5. Baker & Daniels, LLP v. Coachmen Industries, Inc., Inc.Indiana Court of Appeals · 2010

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3Cited by1 opinion

  1. Benjamin S. Smith v. Franklin Township Community School CorporationIndiana Supreme Court · 2020

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