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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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