Indiana Supreme Court

Jeffrey L. Foster v. First Merchants Bank, N.A.

June 27, 2024

Summary

The Indiana Supreme Court held that dismissal under Trial Rule 41(E) was unavailable because the plaintiffs resumed prosecution by requesting a case-management conference before the bank filed its motion. The court also held that laches does not bar the plaintiffs’ legal claim for money damages. It therefore reversed the dismissal and remanded for further proceedings.