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Blinn v. Dyer

Court of Appeals of Indiana

October 31, 2014

ED BLINN, Appellant-Defendant,
v.
MARK DYER, Appellee-Plaintiff

ATTORNEY FOR APPELLANT: MORRIS KELSAY Marion, Indiana.

BAILEY, Judge. NAJAM, J., and PYLE, J., concur.

OPINION

BAILEY, Judge

Case Summary

Ed Blinn, Jr., doing business as Blinn Auto Sales (" Blinn" ), appeals the small claims court's denial of his motion to correct error, which challenged the court's entry of judgment and award of $1,800 in damages to Mark Dyer (" Dyer" ) for money Dyer paid under a layaway plan for purchase of a motorcycle from Blinn.

Concluding sua sponte that Blinn's appeal is untimely, we dismiss.

Facts and Procedural History

During May and June 2012, Dyer and Blinn negotiated for Dyer to purchase a motorcycle from Blinn under a layaway plan. Dyer paid $1,800 to Blinn, and agreed to perform work for Blinn as additional consideration for purchase of the motorcycle. A dispute eventually arose over the total purchase price for the motorcycle, and Dyer did not complete the purchase. Based upon a provision in a written layaway agreement, Blinn refused to refund any portion of the money to Dyer.

On May 3, 2013, Dyer filed suit against Blinn on the small claims docket of the Grant Superior Court. A hearing was conducted on August 15, 2013, at the conclusion of which the court found in favor of Dyer and stated that judgment would be entered against Blinn within seven days of the hearing if Blinn did not refund Dyer's money before that date. Blinn did not refund the money, and on September 5, 2013, the trial court entered a final judgment against Blinn.

On September 23, 2013, Blinn filed a motion to correct error. A hearing was conducted on the motion on October 17, 2013. On February 23, 2014, the trial

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court entered an order denying the motion to correct error.

This appeal ensued.

Discussion and Decision


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