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NIKSICH v. COTTON

No. 48A02-0210-CV-851.

793 N.E.2d 1189 (2003)

Edward J. NIKSICH, Appellant-Plaintiff, v. Zettie COTTON and Steve Van Cleave, Appellees-Defendants.

Court of Appeals of Indiana.

August 25, 2003.

Attorney(s) appearing for the Case

Edward J. Niksich, Pendleton, IN, Appellant Pro Se.

Steve Carter, Attorney General of Indiana, Frances Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellees.

OPINION

KIRSCH, Judge.

Edward J. Niksich appeals the small claims court's decision dismissing his suit against Zettie Cotton and Steve Van Cleave, raising several issues for review, one of which we find dispositive: whether Ind. Trial Rule 12(B)(6) applies to small claims actions. Because it is likely to recur, we also address Niksich's claim that the small claims court violated his constitutional right to access the court system by denying his motion for...

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