Staples The Office Superstore, Inc. and Zhejiang Haoguo Furniture Co. v. Gary Wright, M.D. (mem. dec.)
49A05-1705-CT-1118
Ind. Ct. App.Dec 18, 2017Background
- Wright was injured May 1, 2012, when his Staples chair collapsed after purchase in July 2010.
- Wright sued Staples and Haoguo in Feb. 2014; Haoguo served Oct. 2014.
- Staples believed Haoguo manufactured the chair and Haoguo indemnified Staples; communications via Haoguo’s insurer.
- Default judgment against Staples and Haoguo entered March 2, 2016; damages awarded April 14, 2016.
- Staples filed Trial Rule 60(B) motions in July 2016 (subd. (1) and (8)); later pursued a Motion to Correct Error and a second Rule 60(B) motion; the latter was denied May 1, 2017, leading to the appeal filed May 25, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of appeal | Staples timely appealed the second Rule 60(B) denial. | Wright argues appeal was untimely tied to the deemed denial for the motion to correct error. | Timely; appeal commenced after denial of Staples’ second Rule 60(B) motion. |
| Whether the trial court abused its discretion in denying the second Rule 60(B) motion | Second motion raised new grounds not included in the first motion. | Court properly denied relief due to rehashing of issues already known. | No abuse of discretion; additional grounds were known at time of first motion and not reviewable. |
Key Cases Cited
- Siebert Oxidermo, Inc. v. Shields, 446 N.E.2d 332 (Ind. 1983) (repeated Rule 60(B) motions not allowed; grounds must be new or unknown)
- Carvey v. Ind. Nat’l Bank, 176 Ind. App. 152, 374 N.E.2d 1173 (Ind. Ct. App. 1978) (limits on successive Rule 60 motions)
- Seleme v. JP Morgan Chase Bank, 982 N.E.2d 299 (Ind. Ct. App. 2012) (standard of review for Rule 60(B) rulings is abuse of discretion)
- Speedway SuperAmerica, LLC v. Holmes, 885 N.E.2d 1265 (Ind. 2008) (abuse of discretion standard for Rule 60(B) rulings)
- In re Paternity of P.S.S., 934 N.E.2d 737 (Ind. 2010) (appellate review framework for post-judgment relief)
