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GILLOCK v. CITY OF NEW CASTLE

No. 33A01-1308-CT-338.

999 N.E.2d 1043 (2013)

Paul GILLOCK and Kathy Gillock, Appellants-Plaintiffs, v. CITY OF NEW CASTLE, Indiana, Appellee-Defendant.

Court of Appeals of Indiana.

December 31, 2013.

Attorney(s) appearing for the Case

Anthony J. Saunders , New Castle, IN, Attorney for Appellants.

Caren L. Pollack , Katherine S. Strawbridge , Pollack Law Firm, P.C., Indianapolis, IN, Attorneys for Appellee.

OPINION

CRONE, Judge.

Case Summary

Paul and Kathy Gillock brought a negligence claim against the City of New Castle, Indiana ("the City"). After almost nine months, the City moved to dismiss the case for failure to prosecute and failure to obey an order to compel discovery. On the day that the hearing on the City's motion to dismiss was to be held, the Gillocks filed a motion to dismiss with prejudice, which the trial court granted. The City then...

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