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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.