Legal Opinion

Sheraton Corp. of America v. Korte Paper Co.

Indiana Court of Appeals

Decided June 23, 1977No. 3-276A27PublishedCited by 16 opinions

1Opinion of the CourtGarrard, J.

This appeal presents the question of whether a party (Korte) who loses at trial and permits the judgment against it to become final can utilize the provisions of Indiana Rules of Procedure, Trial Rule 60 to be relieved from judgment solely because a subsequent decision of an appellate court in an unrelated case declared the law to be contrary to that applied by the trial court in the party’s case. We hold that in the absence of additional pertinent circumstances, it may not.

The facts disclose that Korte brought suit against Sheraton on an account for goods and merchandise-furnished to the…

2Cases cited11 opinions

  1. Klapprott v. United StatesSupreme Court of the United States · 1949
  2. Martin v. Ben Davis Conservancy DistrictIndiana Supreme Court · 1958
  3. Sheraton Corp. of Am. v. Kingsford Packing Co., Inc.Indiana Court of Appeals · 1974
  4. Moe v. KoeIndiana Court of Appeals · 1975
  5. Warner v. Young America Volunteer Fire DepartmentIndiana Court of Appeals · 1975

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

3Cited by16 opinions

  1. FORT WAYNE PATROLMAN'S BENEVOLENT ASSOC., INC. v. City of Fort WayneIndiana Court of Appeals · 1980
  2. In Re the Marriage of JonesIndiana Court of Appeals · 1979
  3. Drost v. Professional Building Service Corp.Indiana Court of Appeals · 1978
  4. Town of St. John v. Home Builders Ass'n of Northern Indiana, Inc.Indiana Court of Appeals · 1981
  5. Toller v. TollerIndiana Court of Appeals · 1978

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

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