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HORTENBERRY v. PALMER

No. 10A04-1301-CT-17.

992 N.E.2d 921 (2013)

Natasha F. HORTENBERRY, Appellant-Defendant, v. Thomas PALMER, Appellee-Defendant.

Court of Appeals of Indiana.

August 15, 2013.

Attorney(s) appearing for the Case

Larry R. Church , McNeely Stephenson Thopy & Harrold, New Albany, IN, Attorney for Appellant.

Earl C. Mullins, Jr. , Masters, Mullins & Arrington, Sellersburg, IN, Attorney for Appellee.

OPINION

CRONE, Judge.

Case Summary

Thomas Palmer attempted to initiate a negligence action against Natasha F. Hortenberry, but the check he sent to the clerk along with the complaint was $2 less than the applicable filing fee. By the time that Palmer realized the mistake and rectified it, the statute of limitations had run. Palmer filed a motion with the trial court requesting that the complaint be treated as if it had been timely filed, and the...

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