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On May 7, , Vannatta and the Knoxes reached an agreement whereby the Knoxes would purchase the real estate for a certain sum. However, the sale was never consummated. Tucker which held the earnest money deposit. The Knoxes filed a third party complaint against Scheetz, alleging that Chandler had breached her statutory duty of care and skill in preparing and submitting the offer to purchase on their behalf.
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The court denied Vannatta's motion. Vannatta contends that the trial court erred in granting Scheetz's T. We agree. A general principle of Indiana law is that when an action is pending before one Indiana court, other Indiana courts must defer to that court's authority over the case.
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Davidson v. Perron, N. Trial Rule 12 B 8 implements this principle by allowing dismissal of an action on the grounds that the same action is pending in another Indiana court.
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The determination of whether two actions being tried in different state courts constitute the same action depends on whether the outcome of one action will affect the adjudication of the other. The rule applies and an action should be dismissed where the parties, subject matter, and remedies are precisely or even substantially the same in both suits.
Thus, when faced with a challenge to a trial court's dismissal on the basis of T. We find that Scheetz's perspective is too narrow, in that it fails to consider the context in which the parties are named in the two different causes. However, even though the lawsuits both evolved from the failed real estate action, they represent separate efforts by Vannatta to seek legal redress through discrete causes of action.
VANNATTA v. CHANDLER
See Songer v. Civitas Bank, N. As already discussed, the Marion Superior Court action seeks damages from the Knoxes based upon their breach of contract, with the Knoxes asserting that Scheetz was negligent and breached a duty owed to them. Hence, the issues in that matter are whether the Knoxes breached the terms of a contract with Vannatta, and whether Scheetz was negligent in that it breached a duty owed to the Knoxes.
The Hamilton Superior Court action seeks damages in tort arising from the Scheetz's alleged negligence as to Vannatta, with the issue being whether Scheetz was negligent as to a duty owed to Vannatta. However, the argument again fails to recognize that the lawsuits assert different causes of actions against different defendants. As with the preceding arguments, we are not persuaded. Moreover, a finding in the Marion Superior Court action that Scheetz was not negligent as to a duty owed to the Knoxes would not necessarily preclude a finding in the Hamilton Superior Court action that Scheetz was negligent as to a duty owed to Vannatta.
Vannatta correctly notes that the dismissal with prejudice of the tort action she brought in Hamilton Superior Court means that she will not be able to pursue her tort claim against Scheetz. Relatives said police estimate the car was traveling at 40 mph when it struck the victim, throwing her 75 feet.
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Court records show that a county grand jury indicted her several weeks after her arrest and that despite a flurry of various legal motions, no trial date has yet been set. Scott, listed in court records as a part-time academic adviser for Phoenix College, is free on bond.
Lauren Tamburrelli, 26, had her 3-year-old daughter in her car when it struck an SUV, triggering a five-car crash that took the lives of Lindsey Earl, 29, of Lakeside and Thomas Dempsey, 29, of Pinetop. Tamburrelli spoke incoherently when officers tried to talk to her and became combative with people who tried to help her, according to one witness.
She also had tried to walk away from the crash, according to reports. Tamburrelli in pleaded guilty with another girl to making a fake bomb threat that shut down Corona del Sol High School in Tempe because the friend wanted a day off. Court records detail the serious damage caused by Tamburrelli, who pleaded guilty to charges in the case and was given two consecutive seven-year terms. Dempsey and Earl, who were engaged, were heading back from Marana where they had been looking for a new home.
He had just been promoted manager of the Ritz Carlton Hotel in Marana and the two were relocating there from Pinetop.
In a sentencing memorandum, prosecutors said Tamburrelli slammed into their car from behind, forcing it into a median, and then sideswiped another vehicle. Debris from the crash flew into the lanes of oncoming traffic and struck two more vehicles, one with a couple and their two small children.
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