Legal Opinion
Wurster Construction Co. v. Essex Insurance Co.
Indiana Court of Appeals
Decided December 29, 2009No. 41A01-0903-CV-130PublishedCited by 11 opinions
1Opinion of the Court
OPINION
KIRSCH, Judge.
Wurster Construction Co., Inc. ("Wur-ster") appeals the trial court's January 27, 2009 belated grant of Essex Insurance Company's ("Essex") motion to correct error. Wurster raises one issue on appeal, which we restate as two:
T. Whether the trial court's belated grant of Essex's motion to correct error, and resultant grant of summary judgment in favor of Essex, is void because Essex's motion was "deemed denied" by operation of Indiana Trial Rule 538.3(A); and
II. Whether Essex is precluded from asserting on cross-appeal the issues it raised in its motion to correct error…
2Cases cited19 opinions
- Mangold Ex Rel. Mangold v. Indiana Department of Natural ResourcesIndiana Supreme Court · 2001
- Stockberger v. Meridian Mutual InsuranceIndiana Court of Appeals · 1979
- Briles v. Wausau Insurance CompaniesIndiana Court of Appeals · 2006
- HomEq Servicing Corp. v. BakerIndiana Supreme Court · 2008
- Wallem v. CLS Industries, Inc.Indiana Court of Appeals · 2000
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stonington Insurance Co. v. WilliamIndiana Court of Appeals · 2010
- Leslie Bridges v. Veolia Water Indianapolis, LLC, Veolia Water North America Operating Service, LLC, and The City of Indianapolis, Dept. of WaterworksIndiana Court of Appeals · 2012
- Santelli v. RAHMATULLAHIndiana Court of Appeals · 2012
- Whitehurst v. Attorneys of Aboite, LLCIndiana Court of Appeals · 2010
- Kina King v. The Estate of Glen Christian, Jr. (mem. dec.)Indiana Court of Appeals · 2020
6 more not listed; retrieve them via the Exa API.