P-M Gas & Wash Co., Inc. v. Smith, P-M
Citation | 352 N.E.2d 91 |
Decision Date | 29 July 1976 |
Docket Number | No. 2-1275A357,P-M,2-1275A357 |
Parties | GAS & WASH COMPANY, INC., an Indiana Corporation, Appellant and Cross-Appellee, v. Ronald SMITH b/n/f Clara Smith and Richard Smith, Appellees and Cross-Appellants. |
Court | Court of Appeals of Indiana |
Richard S. Ewing, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, for appellant.
Daniel F. Cummings, Cummings and Emery, Indianapolis, for appellees.
This cause is pending before the Court on the appellant's Petition to Dismiss Purported Cross-Appeal and Assignment of Errors Filed by the Appellees-Cross-Appellants and to Strike Portions of Appellees' Brief, and on the Appellees' Objections to Petition to Dismiss Cross-Appeal.
The appellant's Motion to Dismiss Cross-Appeal alleges the assignment of cross errors was not timely filed and therefore the cross-appeal should be dismissed.
Trial Rule 59(D), which provides for filing cross errors, reads as follows:
The appellees did not file their Assignment of Cross Errors within fifteen days after the service upon them of the appellant's Motion to Correct Errors. Instead, the appellees included their assignment of cross errors and cross-appeal as a part of their appellees' brief on the merits filed in this Court.
The appellees urge us to construe that part of Rule TR. 59(D) pertaining to filing cross errors as to cause it to be applicable only in those instances in which the motion to correct errors is based on evidence outside the record. Specifically, appellees argue:
We can appreciate the appellees' construction of Rule TR. 59(D) but we do not agree with it. The...
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P-M Gas & Wash Co., Inc. v. Smith
...This case is here on transfer from the Court of Appeals. The petition to transfer challenges the decision in P-M Gas & Wash Co., Inc. v. Smith (1976), Ind.App., 352 N.E.2d 91, in which the Court of Appeals dismissed cross-errors assigned by petitioner, Smith. It presents a procedural The fa......
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P-M Gas & Wash Co., Inc. v. Smith, P-M
...motion to dismiss the cross-appeal for failure to comply with Ind.Rules of Procedure, Trial Rule 59(D). P-M Gas & Wash Co., Inc. v. Smith (2d Dist. 1976) Ind.App., 352 N.E.2d 91. That decision was reversed by the Supreme Court and the case remanded to this court with directions to determine......
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Arnold v. Parry
...overruling of their motion for judgment on the evidence by failing to timely file assignment of cross-errors. P-M Gas & Wash Co., Inc. v. Smith (1976), Ind.App., 352 N.E.2d 91.Even if retroactive effect is not given to this interpretation of TR 59(D), Defendants are not harmed as we affirm.......