Coby Maxwell v. Cori Sparrow, M & B Maxwell Farm, Inc., and Cori Sparrow, as Personal Representative of the Estate of Marlene Maxwell

Summary

The Indiana Court of Appeals held that defendants waived their objection to assignment of the case to the Commercial Court Docket by failing to timely file Notices of Refusal under Indiana Commercial Court Rule 4. The court reversed the Morgan Superior Court’s denial of transfer and remanded with instructions to transfer the case to the Commercial Court Docket in Marion County, the closest geographical commercial court. The court also held that the trial court could not extend the refusal deadline after it had expired.

Holdings

1. Defendants waived their objection to assignment to the Commercial Court Docket by failing to file Notices of Refusal by the deadline established by Commercial Court Rule 4(C)(2)(a).
2. The trial court could not extend the Rule 4 deadline after the thirty-day period had passed, absent unanimous consent of the other parties.
3. The Commercial Court Rules permit an eligible case filed in a county without a designated commercial court to be transferred to a designated Commercial Court Docket in another county.
4. The case must be transferred to the Commercial Court Docket in Marion County, the closest geographical commercial court to Morgan County.

Questions Presented

1. Whether defendants who failed to timely file Notices of Refusal waived any right to contest assignment to the Commercial Court Docket.
2. Whether the trial court could extend the Rule 4 deadline after the thirty-day period had expired.
3. Whether an eligible case initiated in a county without a designated commercial court may be transferred to the closest geographical commercial court when the parties have waived objection.
4. Whether the case must be transferred to the Commercial Court Docket in Marion County.

Disposition

reversed_and_remanded