Legal Opinion

Marshall v. K & W PRODUCTS

Indiana Court of Appeals

Decided August 22, 1997No. 20A04-9607-CV-281PublishedCited by 2 opinions

1Opinion of the Court

OPINION

CHEZEM, Judge.

Case Summary 1

Appellant-Plaintiff, J. John Marshall (“Marshall”) appeals the small claims court’s denial of his motion to correct errors following a judgment that Appellee-Defendant, K & W Products (“K & W”), was liable for a refund of Marshall’s purchase price of K & Ws goods, but not for any consequential damages.

Issue

Marshall raises three issues for our review, but we find the following issue dispositive: whether Marshall’s motion to correct errors was deemed denied, thus making his prae-cipe untimely.

Facts and Procedural History

The facts most favorable to the judgment…

2Cases cited4 opinions

  1. City of Dunkirk Water & Sewage Dept. v. HallIndiana Supreme Court · 1995
  2. Bowman v. KitchelIndiana Supreme Court · 1995
  3. Roscoe v. RoscoeIndiana Court of Appeals · 1996
  4. Unishops, Inc. v. May's Family Centers, Inc.Indiana Court of Appeals · 1978

3Cited by2 opinions

  1. Smock Materials Handling Co., Inc. v. KerrIndiana Court of Appeals · 1999
  2. Demmond v. DemmondIndiana Court of Appeals · 1999

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