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Myers v. Deets

Court of Appeals of Indiana

February 17, 2014

JASON TYE MYERS, Appellant-Plaintiff,
v.
CHARLES R. DEETS III, DEETS & KENNEDY, and GREAT AMERICAN INSURANCE GROUP, Appellees-Defendants

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE TIPPECANOE CIRCUIT COURT. The Honorable Donald L. Daniel, Judge. Cause No. 79C01-1101-CT-8.

JASON TYE MYERS, APPELLANT, Pro se, Pendleton, Indiana.

ATTORNEY FOR APPELLEE CHARLES R. DEETS III (deceased): F. BOYD HOVDE, Hovde Dassow & Deets, LLC, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE GREAT AMERICAN INSURANCE GROUP: DINA M. COX, NEAL BOWLING, Lewis Wagner, LLP, Indianapolis, Indiana.

KIRSCH, Judge. FRIEDLANDER, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Jason Tye Myers (" Myers" ) appeals the trial court's decisions to grant Charles Deets III's (" Deets" ) motion to dismiss and to grant Great American Insurance Group's (" Great American" ) motion for summary judgment. Myers raises two issues that we restate as:

I. Whether the trial court erred by granting Deets's motion to dismiss, where Myers failed to open an estate and establish a special representative to serve as a defendant in his cause of action against Deets, a deceased person; and
II. Whether the trial court erred in granting Great American's motion for summary judgment that asserted Great American did not provide coverage for Deets at the time of the alleged conduct giving rise to Myers's complaint against Deets.

We affirm.

FACTS AND PROCEDURAL HISTORY


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