`

Justices reinstate case dismissed over service questions

November 19, 2013

The Indiana Supreme Court reversed dismissal of a case because of questions about whether a defendant had properly been served notice.

Justices reinstated Gersh Zavodnik v. Michela Rinaldi, et al, 49S05-1311-CT-759, which Marion Superior Judge Patrick McCarty ordered dismissed because evidence presented as proof of notice was in Italian, because the defendant lived in Italy. The Court of Appeals noted the service also was in English, but affirmed dismissal on the grounds that Zavodnik failed to cite relevant law.

“Under the unique circumstances presented, the Court concludes that the trial court's order of dismissal should be reversed. We grant transfer of jurisdiction, reverse the order of dismissal, and remand to the trial court for further proceedings, without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration,” the court wrote in a two-page per curiam opinion.

 

ADVERTISEMENT

Recent Articles by Dave Stafford