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COA finds court erred in allowing late response to be filed

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The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.

In DeLage Landen Financial Services, Inc. v. Community Mental Health Center, Inc., No. 15A05-1107-CC-366, DeLage Landen Financial Services filed a complaint against Community Mental Health Center Inc. for breach of contract involving copy machines. DLL filed a motion for summary judgment. CMHC, pursuant to Trial Rule 56(C), had 30 days to respond. CMHC did not respond within that time frame, but later filed a motion for enlargement of time to file response to motion for summary judgment and simultaneously filed its response to DLL’s motion for summary judgment.
 
The trial court eventually granted CMHC permission to file its belated response and denied DLL’s motion for summary judgment.

The judges determined that because CMHC failed to file a response or request an extension of time within the prescribed time, the trial court had no discretion to alter the time limits in Trial Rule 56. CMHC’s belated response should have been stricken, and the trial court abused its discretion when it allowed the response to be filed and considered on summary judgment.

The COA also found the trial court erred in denying summary judgment to DLL and remanded for further proceedings.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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