ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

ADVERTISEMENT