It is the defendant’s burden to timely file a T.R. 41(E) motion to dismiss before the plaintiff resumes prosecution.
Appeals
Woodcox v. State, No. 15A05-1410-CR-468, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2015).
When judgment of conviction was for an A felony but the entry of judgment was for a B felony, defendant’s motion to correct erroneous sentence was properly denied and a nunc pro tunc entry of judgment for an A felony was ordered on remand.
Munoz v. Woroszylo, No. 79A02-1409-CT-679, __N.E.3d __ (Ind. Ct. App., April 13, 2015).
Although plaintiff used bad judgment filing suit in federal court in Illinois, there was no evidence it was done in bad faith and the lawsuit could proceed based on the Journey’s Account Statute.
Schaadt v. State, No. 33A05-1409-CR-428, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2015).
Savings clause for 2014 penal reforms does not violate the Indiana Constitution’s Equal Privileges and Immunities Clause.
Grant v. Bank of New York Mellon Trust Co., No. 49A05-1404-MF-139, __N.E.3d __ (Ind. Ct. App., April 6, 2015).
Plaintiff improperly attempted to circumvent the trial court’s T.R. 41 ruling by filing a new complaint raising identical legal and factual issues.