[DOWNLOAD] "Robert Alan Blake v. Dunn Farms" by Supreme Court Of Indiana " Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Robert Alan Blake v. Dunn Farms
• Author : Supreme Court Of Indiana
• Release Date : January 05, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This case comes to us on a petition to transfer from the Second District Court of Appeals. Plaintiff Robert Blake appealed from a summary judgment entered in favor of Defendant Dunn Farms, Inc. The primary issue in the case was the duty of the landowner to persons on an adjacent public road, particularly as that duty applies to the ownership and keeping of domestic animals. In addition, a procedural issue was raised on appeal and is presented to us here on transfer regarding the fact that the judgment by the trial court purported to be a judgment on the pleadings as set forth in Ind. R. Tr. P. 12 (C). Rule 12(C) provides that when matters other than those in the pleadings are considered by the trial court, the determination is then transformed into a summary judgment. The judgment was so considered by the Court of Appeals. This case remained in the trial court in various pleading stages for approximately four years. Plaintiff Robert Blake had filed a motion for summary judgment early on in the proceedings, and the court overruled the motion at that time. After the case was set for trial and the issues had been established early by the pleadings, the defendant filed a motion for judgment on the pleadings under Trial Rule 12(C). All parties agreed that the court could consider the pleadings, depositions, affidavits and interrogatories filed by the parties to determine this motion. The court did consider all of these documents in making its determination, and entered judgment in favor of the defendant. We agree with the Court of Appeals that under Trial Rule 12(C), the court, in considering the depositions, affidavits, and interrogatories, treated the motion as one for summary judgment and entered judgment accordingly; therefore, the case is properly reviewed on appeal on that basis. We further find that this case presents an issue of such public import that this Court should pass judgment on it. We accordingly grant transfer and vacate the opinions of the Court of Appeals. This vacation applies to the original opinion issued by the Court of Appeals on November 5, 1979, Blake v. Dunn Farms, Inc., (1979) Ind. App., 396 N.E.2d 415 and the opinion on Petition for Rehearing issued on January 22, 1980, Blake v. Dunn Farms, Inc., (1980) Ind.App., 399 N.E.2d 431.

PDF Books Download "Robert Alan Blake v. Dunn Farms" Online ePub Kindle