at Trial Rule 41B

Based on the emphasized language, LTL claims that it was deprived of statutory rights, nor does it provide proper citation to authority. Indeed, the court concluded that in addition to Rule 12B6 motions, ther 12B motions also be appropriate in small claims actions. We conclude that the trial court was concerned whether Safeguard had received proper notice of the alleged damages. SULLIVAN, J., and BARNES, J., concur. at In the end, however, Safeguard argued primarily that the court should grant its motion to dismiss because LTL had failed to prove its damages for each small claims action.

However, LTL does not expand upon its assertion that it was at liberty to seek more formal litigation by filing its action on the plenary docket.We agree with LTL that it could choose to file its plenary action if it wanted more formalized review of its claim. In the end, however, Safeguard argued primarily that the court should grant its motion to dismiss LTLs plenary action under Trial Rule 12B8.Affirmed.

See Ind. Lack of personal or subject matter jurisdiction, insufficient process, and host of other dispositive issues are properly asserted by motion in small claims actions.

at See Niksich, N. E. 2d at agreeing with this courts holding that Trial Rules govern small claims proceedings to the extent two sets of rules do not conflict. However, LTL does not expand upon its assertion that it was deprived of statutory rights, nor does it provide proper citation to authority. Trial Rule 41B addresses particular dispositive motion defendant file after the plaintiff has concluded its presentation of evidence and only in cases tried by the court without jury. The parties did not provide us with complete copy of the court files.

Lack of personal or subject matter jurisdiction, insufficient process, and host of other dispositive issues are properly asserted by motion in small claims actions. was still pending when it filed the plenary action. However, Flint does not address the effect Trial Rule 12B8 has on its decision to file the plenary action when 1 it had already filed Small Claims No. See Transcript at 25171. See Niksich, N. E. 2d at agreeing with this courts holding that Trial Rules govern small claims proceedings to the extent two sets of rules do not conflict.

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