Darby v. Schley

BRYAN, Judge.

The plaintiff, Harold W. Darby III, appeals from a summary judgment entered in favor of the defendant, Tom Schley, in an unlawful-detainer action in the Shelby Circuit Court. Because the judgment appealed from is void, we vacate the judgment and dismiss the appeal.

On August 29, 2006, Darby brought this unlawful-detainer action against Schley in the Shelby District Court, seeking to recover possession of a house and a tract of land in Shelby County (“the property”) and damages from Schley. On September 20, 2006, Schley moved the Shelby District Court to dismiss Darby’s…