COLLINS v. COVENANT MUT. INS. CO.

No. 48S02-9412-CV-1218.

644 N.E.2d 116 (1994)

Kathy COLLINS, Appellant/Cross-Appellee, v. COVENANT MUTUAL INSURANCE COMPANY, Appellee/Cross-Appellant.

Supreme Court of Indiana.

December 15, 1994.


Attorney(s) appearing for the Case

Arthur R. Baxter, Jr., Robert W. York, York, Schrager & Baxter, Indianapolis, for appellant/cross-appellee.

Irwin B. Levin, David J. Cutshaw, Cohen & Malad, Indianapolis, for appellee/cross-appellant.


SHEPARD, Chief Justice.

Appellant Kathy Collins asked the Madison Superior Court to employ Ind.Trial Rule 60 to extend the date for filing an appeal. This was not a proper use of Trial Rule 60. The only available avenue for such relief from a trial court is Trial Rule 72.

Case History

Appellee/cross-appellant Covenant Mutual Insurance Company (CMIC) is the malpractice insurer of a felonious gynecologist. It sought a declaratory judgment to...

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