Houston v. Wireman

I dissent.

The dismissal of plaintiff’s lawsuit was clearly erroneous. T.R. 41(E) requires the trial court to conduct a hearing prior to entering a dismissal. At such hearing the plaintiff is entitled to demonstrate good cause for his failure to prosecute or otherwise comply with the Rules of Trial Procedure. No hearing was scheduled or conducted. Appellee properly preserved and presented the error by resort to Trial Rule 60. See State ex rel. Janesville Auto Transport Co. v. Superior Court of Porter County (1979) Ind., 387 N.E.2d 1330.

The procedural posture of this appeal in light of the…