Legal Opinion
Metcalf v. Estate of Hastings
Indiana Court of Appeals
Decided April 11, 2000No. 54A01-9906-CV-221PublishedCited by 12 opinions
1Opinion of the Court
OPINION
STATON, Sr. Judge
Troy Metcalf appeals the order of the trial court dismissing his action for failure to prosecute. Metcalf raises one issue for our review, which we restate as: whether the trial court abused its discretion by granting the Estate of Hastings’s (“Estate”) motion to dismiss for failure to prosecute pursuant to Indiana Trial Rule 41(E).
We affirm.
Metcalf was injured in an automobile accident involving Barbara Hastings. Metcalf filed a personal injury suit against Hastings in Montgomery Circuit Court, and a trial was scheduled for April 8, 1997. Hastings died the week prior…
2Cases cited5 opinions
- Rumfelt v. HimesIndiana Supreme Court · 1982
- Lee v. FriedmanIndiana Court of Appeals · 1994
- Lake County Trust No. 3190 v. Highland Plan CommissionIndiana Court of Appeals · 1996
- Gibbs v. Douglas M. Grimes, P.C.Indiana Court of Appeals · 1986
- Gibbs v. Douglas M. Grimes, P.C.Indiana Court of Appeals · 1986
3Cited by12 opinions
- Belcaster v. MillerIndiana Court of Appeals · 2003
- Lee v. PughIndiana Court of Appeals · 2004
- Chawknee P. Caruthers v. State of IndianaIndiana Court of Appeals · 2016
- Grant v. Wal-Mart Stores, Inc.Indiana Court of Appeals · 2002
- Somerville Auto Transport Service, Inc. and Robert Souza v. Automotive Finance CorporationIndiana Court of Appeals · 2014
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