Legal Opinion
Dixon v. Siwy
Indiana Court of Appeals
Decided February 26, 1996No. 49A02-9501-CV-1PublishedCited by 43 opinions
1Opinion of the Court
OPINION
SULLIVAN, Judge.
Debra Dixon (Dixon) appeals the trial court’s dismissal under Ind.Trial Rule 12(B)(6) 1 of her medical malpractice claim against Barbara K. Siwy, M.D. (Siwy). We conclude that, although the trial court more properly should have treated the motion as one for summary judgment under Ind.Trial Rule 56, the ultimate disposition of the case is not affected by this conclusion, and we affirm.
The restated issues for our review are: Whether the trial court had jurisdiction to entertain Siwy’s motion to dismiss Dixon’s medical malpractice claim, and if so, whether the trial court…
2Cases cited27 opinions
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- Carrell v. EllingwoodIndiana Court of Appeals · 1981
- Willsey v. Peoples Federal Savings & Loan Ass'n of East ChicagoIndiana Court of Appeals · 1988
- Walters v. RinkerIndiana Court of Appeals · 1988
- Putnam County Hospital v. SellsIndiana Court of Appeals · 1993
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3Cited by43 opinions
- King v. TerryIndiana Court of Appeals · 2004
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- Azhar v. Town of FishersIndiana Court of Appeals · 2001
- Thacker v. BartlettIndiana Court of Appeals · 2003
- Miller v. MartigIndiana Court of Appeals · 2001
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