Legal Opinion · Dissent

Chad Folkening, DSL.Com, Inc. and eCorp v. Megan Van Petten n/k/a Megan Van Petten Walton

Indiana Court of Appeals

Decided December 16, 2014No. 49A02-1403-PL-181Published

1DissentRiley, Judge

I respectfully disagree with the majority’s reasoning to affirm the trial court’s “conclusion that the ten-year limitation period of Indiana Code [sjection 34-11-2-11 applies” rather than the six-year statute of limitation of I.C. § 34-11-2-9, which is imposed on written, contracts for the payment of money. Op. p. 822.

Statutes of limitation seek to provide security against stale claims, which in turn promotes judicial efficiency and advances the peace and welfare of society. Imbody v. Fifth Third Bank, 12 N.E.3d 943, 945 (Ind.Ct.App.2014). When determining the applicable statute of…

2Cases cited3 opinions

  1. Whitehouse v. QuinnIndiana Supreme Court · 1985
  2. Klineman, Rose & Wolf, P.C. v. North American Laboratory Co.Indiana Court of Appeals · 1995
  3. Robert Imbody v. Fifth Third BankIndiana Court of Appeals · 2014

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