Opinions Nov. 23, 2021
Court of Appeals of Indiana
Joshua Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc.
21A-CP-936
Civil plenary. Reverses the dismissal with prejudice of Joshua Payne-Elliott’s complaint for damages against the Roman Catholic Archdiocese of Indianapolis Inc. Finds the Marion Superior Court committed reversible error in summarily dismissing Payne-Elliott’s complaint for lack of subject matter jurisdiction pursuant to Indiana Trial Rule 12(B)(1), failing to treat the Archdiocese’s motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Trial Rule 12(B)(6), as a motion for summary judgment, and dismissing Payne-Elliott’s complaint with prejudice. Remands for further proceedings.