Legal Opinion
Paul Gillock and Kathy Gillock v. City of New Castle, Indiana
Indiana Court of Appeals
Decided December 31, 2013No. 33A01-1308-CT-338PublishedCited by 2 opinions
1Opinion of the Court
OPINION
CRONE, Judge.
Case Summary
Paul and Kathy Gillock brought a negligence claim against the City of New Castle, Indiana ("the City"). After almost nine months, the City moved to dismiss the case for failure to prosecute and failure to obey an order to compel discovery. On the day that the hearing on the City's motion to dismiss was to be held, the Gillocks filed a motion to dismiss with prejudice, which the trial court granted. The City then moved for attorney's fees, asserting that the Gillocks' lawsuit was frivolous, unreasonable, and groundless, and litigated in bad faith. The trial…
2Cases cited6 opinions
- Kahn v. CundiffIndiana Supreme Court · 1989
- R.L. Turner Corp. v. Town of BrownsburgIndiana Supreme Court · 2012
- Smyth v. HesterIndiana Court of Appeals · 2009
- Buschman v. ADS CORP.Indiana Court of Appeals · 2003
- Wolfe v. Eagle Ridge Holding Co., LLC.Indiana Court of Appeals · 2007
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3Cited by2 opinions
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- State Farm Fire & Casualty Company a/s/o Kenneth Burkhart v. H.H. NiswanderIndiana Court of Appeals · 2014