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Supreme Court upholds denial of continuance

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The majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice argued because of the complexities of the case, the trial court should have granted the couple's motion.

In Rudrappa and Jayashree Gunashekar v. Kay Grose d/b/a/ America's Affordable Housing, J&K Manufacturing, No. 02S03-0812-CV-762, the Supreme Court affirmed 4-1 the denial of the Gunashekars' motion to continue and the convictions of breach of contract, conversion, and deception. The Gunashekars hired Kay Grose's company to repair fire damage to property they leased and had insured. Grose claimed after she completed the work that Rudrappa refused to pay from his insurance proceeds, forged her name on the back of the insurance check, and wrote her a check that was returned unpaid.

The Gunashekars originally were represented by an attorney, but he withdrew six weeks prior to trial. The trial court made clear in its pretrial order that no removals or continuances of any settings or deadlines were permitted. The Gunashekars didn't obtain a new attorney and filed a pro se motion for a continuance, which the trial court denied. They appeared pro se at the trial, in which the trial court entered judgment for Grose finding the couple was jointly and severally liable for $147,000 and Rudrappa was liable for an additional $296,000 for treble damages and attorney fees.

The Indiana Court of Appeals reversed the denial of motion to continue and didn't rule on any other issues.

But the Supreme Court found the trial court didn't abuse its discretion in denying the motion because the Gunashekars didn't indicate to the court they were diligent in trying to find a new attorney or whether they did anything after their original counsel withdrew, wrote Chief Justice Randall T. Shepard.

"If any inference can be drawn from the unexplained passage of six weeks from the time their attorney withdrew, it is that they were not forced to proceed without an attorney," he wrote.

Justice Robert Rucker dissented, writing that although it may be correct to say the trial court didn't abuse its discretion in denying the pro se motion, the denial is grounds for reversal. The case presented a level of complexity involving insurance proceeds, joint and several liability, contract compliance, and other issues that few, if any, pro se litigants would be able to successfully navigate, he wrote.

"With a potential exposure, and indeed an ultimate adverse judgment, of nearly a half million dollars the Gunashekars needed the assistance of trained legal counsel," Justice Rucker continued. "Fairness and equity required the trial court to afford the Gunashekars a reasonable delay to accomplish this end."

The majority also affirmed the judgment against both defendants, Rudrappa's forgery constituted conversion, Rudrappa committed conversion, and the award of attorney fees.

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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