ILNews

COA to hear 4 cases; one at Plainfield High School

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals will hear arguments in four cases next week, including one on the road at Plainfield High School.

A three-judge panel will hear arguments Monday in Meridian Insurance v. Cha Cha, Inc., No. 53A01-0608-CV-352, which poses the question of whether the period for restoration of a business damaged by fire in an adjoining building should be decided by the courts or through the appraisal process.

The following day two panels will hear afternoon arguments - David Scholtman v. Taza Café, 49A05-0608-CV-475 and Terry Huber, et al. v. Danny W. Sering, et al., 54A01-0604-CV-162. The 1 p.m. arguments in Schlotman will be at Plainfield High School. The case addressed the issue of whether a carry-out restaurant, Gyro Joint, had a common-law duty to protect a patron - in this case one attacked while eating at an outdoor table at the establishment. Scholtman asserts that duty was breached in light of multiple criminal complaints against the establishment, while the eatery argued it did not have a duty and the injuries weren't foreseeable.

Following arguments in that case, panel judges Edward Najam, Melissa May, and Paul Mathias will answer questions about the judicial process.

In Huber, judges will consider at 1:30 p.m. whether forfeiture of a real estate contract is valid when a party has paid more than 20 percent of the purchase price.

Final arguments of the week are scheduled for Wednesday in Frank Nagy v. Evansville-Vanderburgh School Corp, No. 82A05-0609-CV-488. This argument is a sequel to a class action suit decided by the Indiana Supreme Court last year on the constitutionality of certain school fees to compensate the school district's budget. Justices decided a $20 fee charged by the district was unconstitutional. Now, the successful challengers are asking the court to determine whether they are "prevailing party" for purposes of being awarded attorney fees.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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