Legal Opinion
Berry v. Huffman
Indiana Supreme Court
Decided November 30, 1994No. 39S01-9411-CV-1144PublishedCited by 14 opinions
1Opinion of the Court
SHEPARD, Chief Justice.
There was a time when an order or judgment as to less than all of the issues, claims,. or parties in an action became final and appealable as of right because it disposed of "a distinct and definite branch" of the litigation. We hold that Indiana Trial Rules 54(B) and 56(C) superseded the distinct and definite branch doctrine of finality and that such appeals may now proceed only by leave of court.
Facts and Case History
Appellant Albert Lee Berry was an officer, director, and one of five stockholders of the Seott County Stone Company, Inc. ("SCS"). Appellee Nathaniel P.…
2Cases cited6 opinions
- Richards v. Crown Point Community School Corp.Indiana Supreme Court · 1971
- Stanray Corporation v. Horizon Construction, Inc.Indiana Court of Appeals · 1976
- Evansville-Vanderburgh School Corp. v. Evansville Teachers Ass'nIndiana Court of Appeals · 1986
- Guthrie v. BLAKELYIndiana Supreme Court · 1955
- Washington v. Chrysler Corp.Indiana Court of Appeals · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Martin v. Amoco Oil Co.Indiana Supreme Court · 1998
- Thornton-Tomasetti Engineers v. Indianapolis-Marion County Public LibraryIndiana Court of Appeals · 2006
- Consolidated Rail Corp., Inc. v. LewellenIndiana Court of Appeals · 1996
- Indiana Newspapers, Inc. v. MillerIndiana Court of Appeals · 2012
- Connerwood Healthcare, Inc. v. Estate of HerronIndiana Court of Appeals · 1997
9 more not listed; retrieve them via the Exa API.