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Appeals court affirms breach ruling in truck dispute

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The Indiana Court of Appeals affirmed a Floyd Superior breach of contract ruling for a defendant who made a contract with a purchaser who defaulted after assuming payments on a Freightliner truck.

The appeals court found that the trial court did not abuse its discretion when it denied the plaintiff’s motion for involuntary dismissal or commit reversible error when it concluded that the defendant was estopped from denying the term of the parties’ lease contract.

In Steven Brown v. Chris Guinn, 22A01-1111-SC-524, Steven Brown appealed the trial court decision in Chris Guinn’s favor. Brown had signed a contract to assume payments on a tractor-trailer rig that Guinn had with Daimler Truck Financial.

Brown made payments for three months, but then failed to pay for three months and the truck was repossessed.

Though the contract was not produced in court, both parties testified that such a contract had been agreed to. It included provisions that either party could cancel the contract at any time.

Brown, who drafted the contract, said he canceled it after the last monthly payment he made because he had another buyer for the truck, but the sale fell through.

Brown also claimed the trial court’s decision was clearly erroneous. “Brown’s arguments on appeal are without merit,” Judge Edward Najam Jr. wrote in a unanimous decision.

 

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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... http://www.ogdenonpolitics.com/2016/05/indiana-loses-citizen-journalist-giant.html Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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