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Published by the Indiana Office of Court Services

Zavodnik v. Rinaldi, No. 49S05-1311-CT-759, __ N.E.2d __ (Ind., Nov. 18, 2013).

November 21, 2013 Filed Under: Civil Tagged With: Per Curiam, Supreme

Per Curiam
Gersh Zavodnik filed a complaint against Michela Rinaldi and entities that are either related or aliases (together “Rinaldi”). The issue in this appeal is whether Zavodnik has shown he has made successful service of his complaint on Rinaldi, who is a resident of Italy.
….
On appeal, the Court of Appeals agreed with Zavodnik that the forms were in both Italian and English, contrary to the trial court’s finding. The Court of Appeals nevertheless affirmed, citing Zavodnik’s failure to support his argument that he had served Rinaldi with sufficient citations to or quotations from relevant law. Zavodnik seeks transfer.
Under the unique circumstances presented, the Court concludes that the trial court’s order of dismissal should be reversed. We grant transfer of jurisdiction, reverse the order of dismissal, and remand to the trial court for further proceedings, without prejudice to dismissal under Trial Rule 41(E) if warranted after further consideration.
All Justices concur.
 

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