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Court of Appeals cites snail mail as reason for overturning summary judgment

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While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.

The Court of Appeals overturned a Marion Superior Court’s denial of a motion to correct error in Anthony E. Boyd v. WHTIV, Inc. and Walter Tarr, IV, 49A05-1303-PL-107, ruling that Boyd did file in a timely manner his motion for an extension of time to respond to a summary judgment motion.

WHTIV and Tarr argued that Boyd filed his motion 33 days after they filed their motion for summary judgment. This was three days beyond the 30-day limit established in Indiana Trial Rule 56 (F) or Trial Rule 56 (I).

In addition, the pair cited DeLage Landen Financial Services, Inc. v. Community Mental Health Center, 965 N.E.2d 693 (Ind. Ct. App. 2012) in asserting that Trial Rule 6(E) does not apply. Trial Rule 56 exclusively controls the timing of summary judgment proceedings.

The Court of Appeals pointed to State v. Gonzalez-Vazquez, 984 N.E.2d 704, 706 (Ind. Ct. App. 2012) which addressed the scope of the DeLage decision.  

There, the appeals court faulted the post-conviction court for broadly interpreting DeLage to mean that no provision of Trial Rule 6 could be applicable in summary judgment proceedings.

Using Gonzalez-Vazquez as a guide, the Court of Appeals agreed with Boyd that the three-day extension provided in Trial Rule 6(E) applied to his request for an extension of time. Therefore, Boyd’s motion was not untimely and the trial court should not have denied his motion to correct error.

Furthermore, the Court of Appeals, finding the grant of summary judgment was premature, also reversed the grant of summary judgment in favor of WHTIV and Tarr.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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