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COA affirms court order in trailer ownership and use dispute

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A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.

Celadon Trucking appealed a ruling from Hancock Circuit Judge Richard D. Culver in favor of United Equipment Leasing. United had purchased the trailers and leased them back to Teton Transportation Inc. in February 2012, and shortly thereafter, Teton sold nearly all its assets to Celadon. Teton is not a party in the case, and the trailers were not returned to United after it demanded.

United filed a complaint for replevin and sought damages for conversion and recovery of treble damages against Celadon, claiming unjust enrichment, among other things.

The trial court ruled on May 31, 2012, that United owned the trailers but had not proven other elements necessary for replevin: that trailers were unlawfully detained or that Celadon wrongfully possessed them. The court later granted United’s motion from relief from that order after it provided evidence that at least two trailers were on Celadon property and at least one was in use.

“The trial court’s grant of United’s motion for relief is sustainable under the trial court’s inherent power to reconsider, vacate, or modify any previous order so long as the case has not proceeded to final judgment,” Judge Ezra Friedlander wrote for the panel. “This is precisely what the trial court did in this case. The trial court was well within its discretion to grant United the requested relief.”

The case is Celadon Trucking Services, Inc., a/k/a Celadon Trucking Services of Indiana v. United Equipment Leasing, LLC, 30A01-1311-CC-507.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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