ILNews

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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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