Brady v. EASTERN INDIANA PRODUCTION CREDIT ASS'N
Cases that cite this one
6 later published cases cite this decision.
- Boostrom v. Bach (Ind. 1993)
- Natasha F. Hortenberry v. Thomas Palmer (Ind. Ct. App. 2013)
- Dipoma v. McPhie (Utah Ct. App. 2000)
- Boostrom v. Bach (Ind. Ct. App. 1992)
- Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O. and Partners in Health (Ind. 2013)
- Schultz v. Blaney & Casey (Ind. Ct. App. 1992)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ORDER
It is hereby directed that the case of Brady v. Eastern Indiana Production Credit Assoc. (1977) Ind.App., 360 N.E.2d 1267, be remanded to the Court of Appeals for consideration of the merits.
This Court finds the reasoning of the dissent more in line with our stated policy to reach the merits of a case whenever possible. See State v. Heslar (1972) 257 Ind. 625, 277 N.E.2d 796. Additionally, this Court relies on the case of Peters et al. v. Poor Sisters of Saint Francis Seraph of the Perpetual Adoration Society, Inc. (1971) 257 Ind. 360, 274 N.E.2d 530, wherein this Court, under the former transfer filing fee statute, held the untimely receipt of the fee by the Clerk was not grounds for dismissal where the petition to transfer was timely filed. Thus, in applying the reasoning of Peters, supra, to this case we believe the untimely payment and receipt of the filing fee should not be grounds for automatic dismissal where the record is timely filed, as here.
Transfer granted and case remanded to Court of Appeals for decision upon merits.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.