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Judges dismiss interlocutory appeal in Weinberger suit as untimely

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The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.

Robert Durall sued Weinberger, his practice and other related businesses after determining that Weinberger performed unnecessary surgeries to correct sinus problems. Durall is just one of hundreds of former patients who sued Weinberger, who fled the country as these claims mounted against him.

The defendants asked the court to limit Durall’s negligence claims solely to Weinberger, bar Durall from recovering emotional damages arising from Weinberger’s flight to Europe, and to dismiss Durall’s claims as untimely.

The trial court granted the defense’s first two requests and otherwise denied the motion. Durall filed a motion to reconsider the Nov. 19, 2012, order on Jan. 7, 2013. The trial court certified its order and the denial of the motion to reconsider for discretionary interlocutory appeal.

In Robert Durall v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC, 45A03-1304-CT-103, Senior Judge Carr Darden pointed out that Durall failed to comply with Indiana Appellate Rule 14(B) by not appealing the Nov. 19 order within 30 days. The trial court also did not comply with Rule 14(B)’s requirements for belated certification of appeals. Without proper certification, “we have no jurisdiction to entertain an interlocutory appeal,” Darden wrote.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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