Town of Ellettsville v. DeSpiritoAnnotate this Case
Because this appeal was not from a final judgment, the Supreme Court, for judicial economy under this case’s particular circumstances, elected to stay this appeal’s consideration and remanded the case to the trial court.
After the Town of Ellettsville’s Plan Commission approved the request of Richland Convenience Store Partners, LLC to amend a subdivision plat so Richland could move a utility easement on its property, Joseph DeSpirito, Richland’s neighbor whose property the easement benefitted, sued for judicial review, declaratory relief and associated damages and preliminary and permanent injunctive relief. An order on judicial review granted DeSpirito’s motion for summary judgment, but the order was silent on DeSpirito’s request for damages and a permanent injunction. Richland and the Commission (collectively, Appellants) filed notices of appeal. The court of appeals reversed the trial court and remanded with instructions to enter summary judgment for Appellants. The Supreme Court granted transfer. The court held that the record on appeal showed no final judgment and remanded the case to the trial court to decide whether to expressly direct entry of judgment under Trial Rule 54(B) or Under Trial Rule 56(C).