State Bd. of Tax Com'rs v. Associated Auto & Truck Rental, Inc., 1270A254
Decision Date | 21 April 1971 |
Docket Number | No. 1270A254,1270A254 |
Citation | 148 Ind.App. 611,268 N.E.2d 626,25 Ind.Dec. 333 |
Court | Indiana Appellate Court |
Parties | STATE BOARD OF TAX COMMISSIONERS, Appellant, v. ASSOCIATED AUTO & TRUCK RENTAL, INC., Appellees. |
This court has made an unfortunate mistake in its interpretation of Rule A.P. 7.2(A)(1)(a) in the case of Thonert v. Daenell, Ind.App., 263 N.E.2d 749 (1970).
Rule A.P. 7.2(A)(1)(a) reads as follows:
In regard to this rule this court stated in Thonert at 263 N.E.2d at page 750:
(Emphasis added) 263 N.E.2d 750.
We, thus, judicially added the word 'separately' as a requirement to the above rule so as to in effect make it read as follows:
'* * * (separately) certified copy of the Motion to Correct Errors filed with the trial court shall constitute for all purposes the Assignment of Errors. * * *'
No good reason is stated in our Thonert opinion for requiring this additional and burdensome technical certification. If, as we said in Thonert, A.P. 7.2(A) (1)(a) is not clear, then we would not interpret such rule to require an added, unneeded and unwarranted technical burden. ...
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Smith v. Chesapeake & Ohio R. Co.
...148 Ind.App. 70, 263 N.E.2d 749, in support of this proposition is misplaced. In State Board of Tax Commissioners v. Associated Auto & Truck Rental, Inc. (1971), 148 Ind.App. 611, 268 N.E.2d 626, Thonert was overruled to the extent of its interpretation of Ind. Rules of Procedure, Appellate......
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Nyers v. Gruber
...(1970), Ind.App., 263 N.E.2d 749. The Thonert case was, in part, overruled in the case of State Board of Tax Commissioners v. Associated Auto & Truck Rental, Inc. (1971), Ind.App., 268 N.E.2d 626, but it was overruled only insofar that the motion to correct errors had to be separately This ......
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...and WHITE, JJ., concur. 1 The motion to correct errors need not be separately certified. State Board of Tax Commissioners v. Associated Auto & Truck Rental, Inc., (Ind.App.1971) 268 N.E.2d 626. ...
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Ostric v. St. Mary's College
...previously been set forth at length in Willsey v. Hartman, Ind.App., 269 N.E.2d 172 (1971), State Board of Tax Commissioners v. Associated Auto and Truck Rental, Ind.App., 268 N.E.2d 626 (1971) and Murphy v. Indiana Harbor Belt Railroad Co., Ind.App., 284 N.E.2d 84 (1972). These veins need ......