Appellate court finds lawsuit brought in bad faith

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The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.

Obed Kalwitz Jr., his wife Rolene, and Obed Jr.’s siblings Eugene Kalwitz and Sharon Grieger have been involved in litigation since the death of their mother in 1995. They were in dispute over 331 acres of land that Obed Jr. had gotten his parents to transfer to him for only $40 and other issues. In the instant case, Obed Jr. and Rolene sued the siblings claiming they stole property from that 331 acres, which now belongs to Eugene and Sharon, who served as personal representatives of their parents’ estates. Obed Sr. died in 1989.

After years of litigation, the parties mediated their pending matters in October 2006. As part of the settlement agreement, Obed Jr. had 30 days to remove certain personal property from the estates. He filed an affidavit saying he removed all the property he wanted and forfeited the right to remove any other property on the 331 acres. Eugene and Sharon later discovered he had booby trapped the land.

More than a year after the judge discharged Eugene and Sharon as personal representatives and closed the estate, Obed Jr. and his wife filed the small claims action alleging his siblings stole items from the land that belonged to him. Eugene and Sharon counterclaimed for compensatory damages for abuse of process, punitive damages, and attorney’s fees. The judge ruled in favor of the siblings, awarding them a total of $5,400.

In Obed Kalwitz, Jr., et al. v. Eugene Kalwitz, et al., No. 46A03-0912-CV-574, Obed Jr. and Rolene appealed the judgment, claiming the court erred by denying their request for a change of judge, determining that their claim was barred by res judicata, and by awarding damages and attorney’s fees to Eugene and Sharon.

The appellate judges found their change of judge request to be untimely. They filed their claim in February 2009, but didn’t file their request for a special judge until August. They also failed to personally verify, make allegations of when or how the cause was first discovered, or why they couldn’t have discovered the cause earlier as required by Indiana Trial Rule 76(C)(6).

Their claims are also barred by res judicata because their claim that the record doesn’t support a finding that a former judgment was rendered by a court of competent jurisdiction failed, wrote Judge Nancy Vaidik. Their argument that there’s no indication in the record that their claim was or could have been determined in the estate proceedings also failed.

Obed Jr. and Rolene also challenged five of the small claims court’s findings as being unsupported by the evidence, but the appellate court found their challenges were supported by the record. The judges also upheld the compensatory and punitive damages award, finding the couple acted with “malice and oppressiveness” and the award was imposed to deter further litigation.

The court also awarded appellate attorney’s fees and costs to Eugene and Sharon, concluding that Obed Jr. and Rolene’s appeal, “and indeed the entire lawsuit, was brought in bad faith and for purposes of harassment,” wrote Judge Vaidik. The matter was remanded for a determination of the amount of fees and costs.  


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues