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Ex-business partner might not get damages for unreturned pizza oven

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Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.

Salvino Verta does not challenge the January 2013 order that required him to return the pizza oven to Salvino Pucci, but he does challenge the $114,000 in damages – $100 for every day Verta delayed in returning the oven that the court ordered him to pay in June. Verta claimed he never received notice of the January 2013 order or the April 2013 scheduling  order for the June hearing, and the chronological case summary entries on the matter don’t indicate that the clerk mailed notice.  Verta returned the pizza oven June 4, 2013.

Verta filed a motion to reconsider, correct error and motion from relief from judgment, seeking relief from the June order. He claimed had he received the orders he would have complied in all respects and appeared before the court. The trial court denied his motion to correct error.

Because the CCS does not contain any notation to indicate that the clerk had served the April 2013 scheduling order or the January 2013 order on Verta, the trial court abused its discretion by denying his motion seeking relief from the June 2013 order, the COA held in Salvino Verta, et al. v. Salvino Pucci, 45A03-1309-PL-387. They ordered the lower court to hold a hearing to further determine what, if any, monetary damages should be awarded given the CCS’s lack of an entry to indicate notice was sent to Verta on the January 2013 order.

“While Verta might have been able to assume that the trial court would set a hearing on Pucci’s motion, the clerk had a duty to serve Verta with a copy of the scheduling order and to memorialize such action on the CCS,” Judge Rudolph Pyle III wrote.
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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