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Ed Carpenter Racing, LLC v. Milton “Todd” Ault, III, and VForward2, LLC
No. 25A-CC-2721
Appeal from the Marion Superior Court, Judge Kurt Eisgruber. Ed Carpenter Racing, LLC appeals the dismissal of its complaint for damages against Milton “Todd” Ault, III, and VForward2, LLC. The court affirms the dismissal of the complaint against Ault for lack of personal jurisdiction but reverses the dismissal with prejudice, remanding for a dismissal without prejudice. The court finds Ed Carpenter Racing failed to establish personal jurisdiction over Ault. In addition, the court upholds the dismissal against VForward2 for failure to state a claim, allowing Ed Carpenter Racing an opportunity to amend its complaint. Senior Judge Crone authored the opinion, and Judges Mathias and Pyle concur. Appellant’s attorney: Richard B. Kaufman, Indianapolis, Indiana. Appellees’ attorneys: Jeffrey M. Heinzmann, Heinzmann Law Office LLC, Fishers, Indiana; and Robert B. Volynsky, Weltz Kakos Gerbi Wolinetz Volynsky LLP, Carle Place, New York.
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