Mitchell v. 10th and The Bypass, LLC

Plaintiff, a limited liability corporation, filed a complaint against Defendants - James T. Mitchell individually, the corporation that Mitchell owned, and other corporations - alleging a claim for an environmental legal action and a violation of Indiana’s anti-dumping statute due to Defendants’ alleged environmental contamination while operating certain dry cleaning businesses. The trial court granted partial summary judgment for Mitchell in his individual capacity. Plaintiff filed a motion to vacate the trial court’s order entering partial summary judgment for Mitchell, contending that newly discovered inculpatory evidence established Mitchell’s individual liability. Mitchell opposed the motion, arguing that the newly discovered evidence in this case was not properly designated or timely submitted pursuant to Indiana Trial Rule 56. The trial court granted Plaintiff’s motion, concluding that the order granting partial summary judgment was a non-final order and therefore subject to revision at any time before entry of a final judgment. The Supreme Court reversed, holding that although a trial court may make material modifications to a non-final summary judgment order, it must do so based on the timely submitted materials properly before it when the order was initially entered. View "Mitchell v. 10th and The Bypass, LLC" on Justia Law