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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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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