Legal Opinion

Parrett v. Lebamoff

Indiana Court of Appeals

Decided January 8, 1979No. 3-178A18PublishedCited by 20 opinions

1Opinion of the CourtGarrard, P.J.

—This case arises on a motion to dismiss the appeal. In

the trial court plaintiff filed a complaint to recover for wrongful death. The defendants attacked the claim with a motion, and the court made the following entry,

“Motion filed in this cause should be treated as a motion for dismissal under Trial Rule 12(B)(6), and as such, the Court finds Complaint does not state a cause of action upon which relief could be granted and, therefore, pursuant to said Rule dismisses the cause. Costs to plaintiff.”

The plaintiff then appealed. Citing Constantine v. City-Cty. Council of Marion Cty. (1977), 267…

2Cases cited3 opinions

  1. Constantine v. City-County Council of Marion CountyIndiana Supreme Court · 1977
  2. Hendrickson v. American Fletcher National Bank & Trust Co.Indiana Court of Appeals · 1973
  3. Starke Memorial Hospital v. Todd Equipment Leasing Co.Indiana Court of Appeals · 1975

3Cited by20 opinions

  1. Georgos v. JacksonIndiana Supreme Court · 2003
  2. Anderson v. AndersonIndiana Court of Appeals · 1979
  3. Krueger v. BaileyIndiana Court of Appeals · 1980
  4. Cox v. Indiana Subcontractors Ass'n, Inc.Indiana Court of Appeals · 1982
  5. Baker v. Town of MiddleburyIndiana Court of Appeals · 2001

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