Legal Opinion

United Brotherhood of Carpenters & Joiners of America, Local Union No. 2371 v. Merchandising Equipment Group, Division of Meg Manufacturing Corp.

Indiana Court of Appeals

Decided March 8, 2012No. 33A05-1107-CP-345PublishedCited by 4 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

In 2011, the trial court granted the defendants’ Trial Rule 41(E) motion to dismiss for failure to prosecute after the case had been pending for eighteen years, the court failed to rule on the summary judgment motions for fourteen years, and the plaintiffs took no action to push the case to resolution for a decade. The plaintiffs now appeal the dismissal. Given the extensive and unprecedented delay in this case and the plaintiffs’ lack of excuse for the delay, we conclude that the trial court did not abuse its discretion in dismissing this case for failure to…

2Cases cited6 opinions

  1. Belcaster v. MillerIndiana Court of Appeals · 2003
  2. Benton v. MooreIndiana Court of Appeals · 1993
  3. Lee v. FriedmanIndiana Court of Appeals · 1994
  4. Beemer v. ElskensIndiana Court of Appeals · 1997
  5. Lee v. PughIndiana Court of Appeals · 2004

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

3Cited by4 opinions

  1. Bank of America, N.A. v. Kimberly A. Congress-JonesIndiana Court of Appeals · 2019
  2. Kimberly Smee v. Zachary Johnson, individually and as an agent of Northern Ag Services, Inc., and Northern Ag Services, Inc. (mem. dec.)Indiana Court of Appeals · 2016
  3. Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner v. Anonymous Health Care CorpIndiana Court of Appeals · 2013
  4. Mary K. Wallskog v. ACS (Affiliated Computer Services)Indiana Court of Appeals · 2013

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