Starr Indemnity & Liability Company, et al. v. NIBCO INC.

── Starr Indemnity & Liability Company, et al. v. NIBCO INC. ── Case No.: 23A-PL-01343 Court: Indiana Court of Appeals Date: February 26, 2024 Author: Judge Robert Altice County of Origin: Elkhart Category: Civil Decision: Reversed Judge Weissmann and Judge Kenworthy concur Case Summary NIBCO, Inc.’s declaratory judgment action was dismissed for failure to prosecute. Two years later, the trial court, despite rejecting NIBCO’s claim that it was entitled to reinstatement under Ind. Trial Rule 60(B), reinstated the action. The trial court reasoned that it was required to reinstate the action because it failed to hold an Ind. Trial Rule 41(E) hearing before the dismissal. As the only vehicle for reinstatement in this case was T.R.