Indiana Court of Appeals
Demetrius L. Grant, and Vickie O. Grant v. The Bank of New York Mellon Trust Co.
Mortgage foreclosure. Reverses and remands a grant of summary judgment in favor of Bank of New York Mellon Trust Co., and remands with instructions to dismiss the case. By refiling a suit that had been dismissed under Trial Rule 41(E) for failing to prosecute, the bank violated the rule and the doctrine of res judicata, since dismissal under T.R. 41(E), unless otherwise specified, operates as a judgment on the merits and dismissal with prejudice.