Court: Company must pay for suit

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals has ordered a company that brought a frivolous lawsuit to pay for the attorney fees and other costs of the defending party.

In Natare Corporation v. Cardinal Accounts, Inc., 49A05-0704-CV-210, the Court of Appeals granted Natare's motion to tax costs regarding a suit against them brought by Cardinal Accounts. The trial court reinstated Cardinal's complaint, which sat in limbo for months because Cardinal made no action in the case. When Natare appealed the complaint, the Court of Appeals tossed it out, citing Cardinal's lack of any attempt to establish it had a meritorious claim and that the company's multiple unexplained delays didn't constitute exceptional circumstances.

Chief Judge John Baker wrote that Natare should be reimbursed by Cardinal pursuant to Indiana Appellate Rule 67 the costs of the filing fee, transcript preparation, appendix production, and postage, for a total of $333.68.

The appellate court also granted Natare's attorney fees for the appeal be paid for by Cardinal because Cardinal's suit was clearly frivolous.

"Natare was forced to appeal the erroneous result of the frivolous litigation and should not have to bear the financial burden of its attorneys' services during the appellate process," wrote Chief Judge Baker.

The appellate court remands the issue to the trial court to determine the amount of attorney fees owed to Natare, as well as to order Cardinal to pay Natare's costs in the amount of $333.68.

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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon