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Appellant/Plaintiff/Intervening Defendant/Counterclaim Plaintiff Jamie Wicker appeals from the trial court’s dismissal of his claim, for failure to prosecute, against Appellees/Defendants/Intervening Defendants Rodney McIntosh, Rebecca Goebel, Ronnie “Bud” McIntosh, Ronald “Ronnie” McIntosh, Indiana Home Center, Inc., Affordable Homes, Inc., and State Farm Mutual Automobile Insurance Company.
Conclusion (slip op. at 7): We reverse and remand for reinstatement of Wicker’s cause of action.
Key Analysis (slip op. at 6, 7): We conclude that the trial court abused its discretion in immediately imposing the harshest possible sanction of dismissing Wicker’s lawsuit altogether. While we certainly do not condone the dilatory tactics of Sciantarelli, we believe that dismissal would unfairly penalize Wicker for the actions of his attorney . . . Finally, we believe that dismissal under the circumstances of this case would clearly run counter to Indiana’s oftstated policy of having cases decided on their merits whenever possible.
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