Indiana Court of Appeals
Justin Gordon and Kierston Cates v. Terex Corp., Terex USA LLC, Terex South Dakota Inc., Genie Industries Inc., and General Rental & Sales LLC
25A-CT-2275
Civil. Appeal from the Pike Circuit Court, Judge Evan C. Biesterveld. Affirms the trial court’s dismissal of appellants’ suit with prejudice, holding that their failure to timely submit required summonses meant the lawsuit was not properly commenced under Indiana Trial Rule 3. The court determined that appellants’ alleged right to voluntarily dismiss without prejudice was not applicable since they failed to meet the necessary requirements for adjudication. Judge Bradford authored the opinion. Judges Pyle and Kenworthy concur. Appellants’ attorneys: Jason E. Pepe, Patrick Daniel Law, Houston, Texas; Bradley P. Colborn, Colborn Law, Granger, Indiana. Appellee General Rental’s attorney: Robert R. Foos, Jr., Lewis Wagner & Trimble, Indianapolis. Appellees Terex’s attorneys: Kevin C. Schiferl, Maggie L. Smith, Jordan M. Slusher, FBT Gibbons, Indianapolis.
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