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Hartford Iron & Metal, Inc. v. August Mack Environmental Inc., et al.
24A-MI-1534
Miscellaneous. Affirms Marion Superior Court Judge James Joven’s dismissal of Hartford Iron’s claims against August Mack Environmental Inc. with prejudice pursuant to Indiana Trial Rule 41(A)(2). Finds the trial court was well within its discretion to dismiss Hartford Iron’s claims with prejudice given August Mack’s substantial litigation costs already incurred, the significant lengthy procedural history on claims that Hartford Iron suddenly represented, its repeated and documented noncompliance with the trial court’s order to initiate arbitration, and the fact that Hartford Iron only filed its notice of voluntary dismissal without prejudice when faced with an impending dismissal with prejudice leaving August Mack subject to future, relentless litigation. Attorney for appellant: Mark Shere. Attorneys for appellees: Todd Relue, Alexandra Pantos, Bradford Moyer, Dennis Cantrell, Scott Harkness, Thomas Bays.
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