Cooper's Hawk Indianapolis, LLC v. RayAnnotate this Case
In this negligence action, The Supreme Court dismissed the appeal from the order of the trial court denying Defendant's motion for summary judgment, holding that the appeal was forfeited.
Plaintiff was injured when she slipped and fell in Defendant's restaurant. Plaintiff sued Defendant for negligence. After the trial court denied Defendant's motion for summary judgment, Defendant timely moved to certify the order for interlocutory appeal. The court of appeals accepted the interlocutory appeal, but Defendant did not timely file a notice of appeal. The court of appeals reversed the denial of the summary judgment motion without addressing the untimeliness of the notice of appeal. The Supreme Court granted transfer and dismissed the appeal, holding that the appeal was untimely and that there was no extraordinarily compelling reasons to restore the forfeited appeal.