Karin Schwab v. Kyle Morrissey
2017 Ind. App. LEXIS 363
| Ind. Ct. App. | 2017Background
- Schwab sued Kyle and Jamie Morrissey in Marion County small claims court alleging they willfully misrepresented the central air conditioning in a house they sold her.
- After a bench trial, small claims court entered judgment for the Morrisseys on September 22, 2011.
- Schwab filed a new complaint repleading the small claims claims in Marion Superior Court on November 18, 2011. The superior court case was docketed the same day.
- The Morrisseys answered and later moved to dismiss, asserting Schwab failed to follow Marion County local rules for appealing a small claims judgment (they also referenced an affidavit and claimed the small claims record was not certified/transmitted).
- The superior court treated the motion as raising procedural defects in perfecting the appeal, granted dismissal with prejudice, and denied Schwab’s motion to correct error; Schwab appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Schwab failed to perfect an appeal from Marion County small claims court by repleading in superior court | Schwab argued she complied: she repleaded her small claims claims by filing a new complaint within 60 days and the case was docketed the same day | Morrisseys argued local rule required different or additional steps (e.g., a petition to appeal and certification/transmission of the small claims record) and Schwab did not follow them | Court held Schwab did comply: local rule requires repleading a complaint within 20 days of docketing and filing within 60 days; she met those requirements, so dismissal was erroneous |
Key Cases Cited
- Bell v. Bryant Co., Inc., 2 N.E.3d 716 (Ind. Ct. App. 2013) (motion for judgment on the pleadings rule referenced)
- Holmes v. Celadon Trucking Serv. of Ind., Inc., 936 N.E.2d 1254 (Ind. Ct. App. 2010) (converting judgment-on-pleadings to summary judgment when matters outside the pleadings are presented)
- Daviess-Martin Cty. Joint Parks & Recreation Dep't v. Estate of Abel by Abel, 77 N.E.3d 1280 (Ind. Ct. App. 2017) (summary judgment standard)
- Watson v. Auto Advisors, Inc., 822 N.E.2d 1017 (Ind. Ct. App. 2005) (example where Marion County small-claims appeal was initiated by filing a complaint in superior court)
- FLM, LLC v. Metro. Dev. Comm'n of Marion Cty., 76 N.E.3d 953 (Ind. Ct. App. 2017) (plain-language statutory construction/interpretation principles)