Legal Opinion

John Fox v. Nichter Construction Co., Inc.

Indiana Court of Appeals

Decided November 14, 2012No. 03A01-1202-SC-52PublishedCited by 8 opinions

1Opinion of the Court

OPINION

KIRSCH, Judge.

John Fox (“Fox”), the employee-claimant, appeals from the trial court’s denial of his motion to correct error from an order of dismissal with prejudice, contending that the trial court erred in dismissing his wage claim for lack of subject matter jurisdiction.

We affirm in part, reverse in part, and remand.

FACTS AND PROCEDURAL HISTORY

Fox, who was employed by Nichter Construction Company, Inc. (“NCC”), alleged that he left his employment with NCC voluntarily.1 After leaving NCC, Fox filed an Application For Wage Claim (“the Application”) with the Department of Labor (“the…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. K.S. v. StateIndiana Supreme Court · 2006
  2. GKN Co. v. MagnessIndiana Supreme Court · 2001
  3. St. Vincent Hospital & Health Care Center, Inc. v. SteeleIndiana Supreme Court · 2002
  4. Afolabi v. Atlantic Mortgage & Investment Corp.Indiana Court of Appeals · 2006
  5. Lakeshore Bank & Trust Co. v. United Farm Bureau Mutual Insurance Co.Indiana Court of Appeals · 1985

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3Cited by8 opinions

  1. Dorothea Bragg, on Behalf of Herself and All Others Similarly Situated v. Kittle's Home Furnishings, Inc.Indiana Court of Appeals · 2016
  2. Thomas J. Moss v. Horizon Bank, N.A., and Chicago Title Insurance Company (mem. dec.)Indiana Court of Appeals · 2019
  3. Todd Alan Currie, Jr. v. State of IndianaIndiana Court of Appeals · 2017
  4. Indiana ex rel. Indiana Department of Workforce Development v. Oji Afiba Washington (In re Oji Afiba Washington)United States Bankruptcy Court, N.D. Indiana · 2016
  5. Dewayne Perry v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018

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