ATTORNEY FOR APPELLANT
Mark S. O'Hara
Brownsburg, Indiana

______________________________________________________________________________


                                In the
                        Indiana Supreme Court
                            _________________________________                 Nov 18 2013, 1:25 pm


                                    No. 49S05-1311-CT-759


GERSH ZAVODNIK,
                                                            Appellant (Plaintiff below),

                                                v.

MICHELA RINALDI, et al.,
                                                      Appellees (Defendants below).
                            _________________________________

                              Appeal From the Marion Superior Court
                              The Honorable Patrick L. McCarty, Judge
                               Cause No. 49D03-1006-CT-27798
                            _________________________________

      On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-1211-CT-595
                            _________________________________

                                       November 18, 2013

Per Curiam.

        Gersh Zavodnik filed a complaint against Michela Rinaldi and entities that are either

related or aliases (together "Rinaldi"). The issue in this appeal is whether Zavodnik has shown

he has made successful service of his complaint on Rinaldi, who is a resident of Italy.



       On August 29, 2012, the trial court held a hearing and issued an order stating:
       2. There are various documents in the file which the Plaintiff purports to be proof
       of service but they are apparently in Italian, without translation.

       3. At the hearing the Plaintiff failed to show to the Court's satisfaction that service
       has been perfected on the Defendants.

       IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this matter is
       dismissed per Trial Rule 41(E).


       On appeal, the Court of Appeals agreed with Zavodnik that the forms were in both Italian

and English, contrary to the trial court's finding. The Court of Appeals nevertheless affirmed,

citing Zavodnik's failure to support his argument that he had served Rinaldi with sufficient

citations to or quotations from relevant law. Zavodnik seeks transfer.



       Under the unique circumstances presented, the Court concludes that the trial court's order

of dismissal should be reversed. We grant transfer of jurisdiction, reverse the order of dismissal,

and remand to the trial court for further proceedings, without prejudice to dismissal under Trial

Rule 41(E) if warranted after further consideration.



All Justices concur.




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