Thacker v. Bartlett

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming the trial court’s dismissal of the plaintiff’s complaint under Trial Rule 12(B)(8) where the plaintiff had “circumvent[ed] the authority and discretion of the original trial court” by filing a new complaint instead of petitioning to amend his original complaint
• dismissal for failure to state a claim is without prejudice because the complaining party may either file an amended complaint or stand upon complaint and appeal
• “by filing a new complaint instead of petitioning to amend his original complaint, Thacker was circumventing the authority and discretion of the original trial court”
• “A plaintiff is entitled to amend his complaint pursuant to Trial Rule 12(B)(6) and Trial Rule 15(A), or to elect to stand upon his complaint and to appeal from the order of dismissal.”; “A Trial Rule 12(B)(6

Source: CourtListener parenthetical corpus (CC0).