Melba Polk-King v. Discover Bank

── Melba Polk-King v. Discover Bank ── Case No.: 18A-SC-01772 Court: Indiana Court of Appeals Date: March 14, 2019 Author: Judge Robert Altice Category: Civil Decision: Reversed and Remanded Judge Najam and Judge Pyle concur Case Summary Discover Bank (Discover) initiated a small claims action against Melba PolkKing in 2014. Following a failed arbitration in 2015 and another year of inaction by Discover, the court dismissed the action without prejudice in 2017 for failure to prosecute. Upon Discover’s motion, the court later reinstated the action and then stayed the action for a second attempt at arbitration. Polk-King argued that the reinstatement was improper, the statue of limitations had run, and Discover could not reinitiate arbitration.