Trial court wrong in immediately dismissing lawsuit for failure to prosecute

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UNPUBLISHED
 
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.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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