Niksich v. Cotton

OPINION

KIRSCH, Judge.

Edward J. Niksich appeals the small claims court's decision dismissing his suit against Zettie Cotton and Steve Van Cleave, raising several issues for review, one of which we find dispositive: whether Ind. Trial Rule 12(B)(6) applies to small claims actions. Because it is likely to recur, we also address Niksich's claim that the small claims court violated his constitutional right to access the court system by denying his motion for an order to transport, or in the alternative, to conduct the trial at the prison where Niksich is incarcerated.

We reverse and remand.

FACTS…