Demetrius L. Grant, and Vickie O. Grant v. The Bank of New York Mellon Trust Co.

FRIEDLANDER, Judge.

[1] Demetrius and Vickie Grant appeal the trial court’s denial of their motion to dismiss and grant of summary judgment in favor of The Bank of New York Mellon Trust Company (the Bank). The Grants present the following dispositive issue for review: Was dismissal of the Bank’s second foreclosure action against the Grants required where the first action was dismissed under Indiana Trial Rule 41(E)?

[2] We reverse and remand.

[3] The Grants have lived in them Indianapolis home for over thirty years. On January 28, 2004, they executed a note in the principal amount of $127,500…