After the Fosters’ lawsuit had been pending for over a decade, First Merchants Bank moved to dismiss, arguing the Fosters failed to actively prosecute the case. The Benton Circuit Court agreed and dismissed the case under Indiana Trial Rule 41(E). The Court of Appeals found dismissal inappropriate under Rule 41(E) but affirmed dismissal under the doctrine of laches. Foster v. First Merchants Bank, N.A., 217 N.E.3d 1248 (Ind. Ct. App. 2023), vacated. The Supreme Court has granted the Fosters’ petition to transfer and assumed jurisdiction over the appeal.