Indiana Court of Appeals
Patricia Lynne Davidson v. Jamie Hammond
25A-SC-879
Small claims. Reverses the Perry Circuit Court’s small claims judgment in favor of Hammond and remands with instructions after determining the trial court erred in deeming Davidson to have waived her right to a jury trial. The court holds that under Indiana Small Claims Rules 2(B)(10) and 4(C), the trial court must rule on a timely jury-trial request before a defendant is required to pay the transfer fee, and here the court never made such a ruling but instead treated Davidson as having waived her right by failing to timely pay—contrary to the rules. Vacates the judgment, orders the trial court to rule on Davidson’s jury-trial request (if granted Davidson must pay the $70 transfer fee within 10 days), and expresses no view on the merits of the underlying claims. Appellant is pro se.