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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was published after IL’s deadline Thursday:
Indiana Supreme Court
Jeffrey L. Foster, Kathie J. Foster, and the Earl Goodwine Trust v. First Merchants Bank, N.A.
24S-PL-75
Civil plenary. Reverses the Benton Circuit Court’s order granting First Merchants Bank’s motion to dismiss Jeffrey and Kathie Foster’s case based on Indiana Trial Rule 41(E). Finds that although the plaintiffs did little to advance their case for several years, they resumed prosecution by requesting a case-management conference before the defendant moved for dismissal under Rule 41(E). Also finds the case could not be dismissed under that rule, and the trial court abused its discretion in concluding otherwise. Also rejects the defendant’s alternative argument, as the court holds that the equitable doctrine of laches does not apply here. Justice Geoffrey Slaughter dissents with separate opinion.
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