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Judges affirm $40,000 judgment in lawsuit involving neighbors

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Noting the grounds on which a defendant sought relief from a $40,000 default judgment are unclear, the Indiana Court of Appeals affirmed that the man must pay his neighbor that amount.

George Niederkorn sued Dan Weaver for defamation, invasion of privacy and intentional infliction of emotional distress. Niederkorn attempted to serve Weaver by first-class mail and certified mail. In October 2012, Niederkorn personally served a copy of the complaint and summons on Weaver at his residence, which is across the hall from Niederkorn’s resident in a condominium complex.

A default judgment was entered in December after Weaver failed to respond. The judge in the case received a letter from Weaver dated the day before the default judgment was entered claiming he just received a letter and copy of the motion for default judgment. The trial court twice continued the evidentiary hearing on damages per Weaver’s request, but after he or an attorney failed to appear at a March 2013 hearing, the judge entered default judgment of $40,366.18 against Weaver.

Weaver later claimed he didn’t show up because he had jury duty; the judge checked and he had not been called for duty on the date of the hearing.  Weaver filed a motion to correct error, which was denied.

In Dan Weaver v. George Niederkorn, 49A05-1309-CT-448, the judges noted the grounds on which Weaver sought relief are unclear, but whether they look at it under T.R. 60(B) (1) or (6), Weaver has not established reversible error.

Weaver cited no authority to support his claim that Niederkorn’s personal service upon him was insufficient to confer personal jurisdiction and the judges refused to reweigh the evidence regarding whether the complaint was credible.

 

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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