BELCASTER v. MILLER

No. 46A05-0209-CV-466.

785 N.E.2d 1164 (2003)

Robert BELCASTER and Carolyn Belcaster, Appellants-Plaintiffs, v. Becky MILLER and Matthew Miller, and Fred Dempsey, Individually and as owner of Fairfield of America, Inc., Appellees-Defendants.

Court of Appeals of Indiana.

April 7, 2003.


Attorney(s) appearing for the Case

Randy A. Godshalk, Hammond, IN, Attorney for Appellants.

Julie Blackwell Gelinas, Nicholas C. Pappas, Locke Reynolds LLP, Indianapolis, IN, Mark A. Lienhoop, Matthew J. Hagenow, Newby, Lewis, Kaminski & Jones, LLP, La Porte, IN, Attorneys for Appellees.


OPINION

VAIDIK, Judge.

Case Summary

Robert and Carolyn Belcaster appeal the trial court's Trial Rule 41(E) dismissal of their lawsuit for failure to prosecute. Specifically, the Belcasters contend that the trial court erred in dismissing their lawsuit because they moved the case forward by filing a motion to set the case for trial. Because the Belcasters filed their motion to set trial after one set of defendants filed a Trial Rule 41(E) motion...

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