McDILLON v. NORTHERN IND. PUBLIC SERV. CO.

No. 45S04-0412-CV-528.

841 N.E.2d 1148 (2006)

Mark E. McDILLON, Appellant (Counter Plaintiff below), v. NORTHERN INDIANA PUBLIC SERVICE COMPANY, Appellee (Counter Defendant below).

Supreme Court of Indiana.

February 8, 2006.


Attorney(s) appearing for the Case

Deborah A. Kapitan, Kopka, Pinkus & Dolin, P.C., Crown Point, for Appellant.

Edward P. Grimmer, Edward P. Grimmer, P.C., Crown Point, for Appellee.


ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 45A04-0305-CV-237.

DICKSON, Justice.

We granted transfer in this case to address the application of Indiana Trial Rule 6(E). The Court of Appeals, reversing because of a jury instruction error, remanded for a new jury trial after applying Rule 6(E) to extend by three days the commencement of the ten-day period for filing a request for jury trial and thus rejecting a challenge to the timeliness...

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