Legal Opinion
HomEq Servicing Corp. v. Baker
Indiana Supreme Court
Decided March 26, 2008No. 25S03-0710-CV-459PublishedCited by 40 opinions
1Opinion of the Court
DICKSON, Justice.
In this appeal, we address two issues. First, we hold that cross-error is available to appeal issues presented in a motion to correct error that is belatedly granted contrary to the “deemed denied” provisions of Ind. Trial Rule 53.3(A). Second, we hold that a trial court may not consider untimely filed materials opposing summary judgment.
In this mortgage foreclosure action the trial court initially granted summary judgment in favor of the plaintiff lender and against the defendant property owners. The defendants filed a motion to correct error, which was not ruled on within…
2Cases cited11 opinions
- Markley Enterprises, Inc. v. GroverIndiana Court of Appeals · 1999
- Borsuk v. Town of St. JohnIndiana Supreme Court · 2005
- Seufert v. RWB Medical Income Properties I Ltd. PartnershipIndiana Court of Appeals · 1995
- Desai v. CroyIndiana Court of Appeals · 2004
- Cavinder Elevators, Inc. v. HallIndiana Supreme Court · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- James T. Mitchell v. 10th and The Bypass, LLC and Elway, Inc.Indiana Supreme Court · 2014
- Murphy v. CurtisIndiana Court of Appeals · 2010
- DeLage Landen Financial Services, Inc. v. Community Mental Health Center, Inc.Indiana Court of Appeals · 2012
- Booher v. SHEERAM, LLCIndiana Court of Appeals · 2010
- G.F. v. St. Catherine Hospital, Inc., Vatsal K. Patel, D.O., and Indiana Patient's Compensation FundIndiana Court of Appeals · 2019
35 more not listed; retrieve them via the Exa API.