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COA: Judge could raise affirmative defense on behalf of pro se defendant

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A small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.

In Wolverine Mutual Insurance Co. v. Jeremy Oliver, No. 20A03-1003-SC-162, Wolverine Mutual Insurance Co. claimed Elkhart Superior Judge Olga Stickel erred in deciding its action against Jeremy Oliver based upon the statute of limitations when Oliver didn’t raise or argue that affirmative defense.

Oliver caused an accident with an insured of Wolverine. The insurer sued him in small-claims court to recover the amount it paid out as a result of the accident. Oliver represented himself. Judge Stickel brought up the fact the case was filed outside of the statute of limitations and allowed Wolverine to submit a memorandum regarding statue of limitations. The judge denied Wolverine’s claim finding it was time-barred by the applicable statute of limitations. She also denied the motion to correct error.

Other jurisdictions have held that trial courts may not sua sponte inject the defense of the statute of limitations where the defendant hasn’t pleaded or argued it, but the Court of Appeals found the opposite based on Indiana’s relaxed rules in the small-claims setting and the provision in Small Claims Rule 4(A) that places the statute of limitations at issue without the need for the defendant to raise it.

The judges also found the instant case to be different from Lechner v. Reutepohler, 545 N.E.2d 1144 (Ind. Ct. App. 1989). Lechner held that a small-claims defendant must litigate the issue of the statute of limitations at trial in order to preserve it for appeal. But in Lechner, the defendants argued the statute of limitations for the first time in a motion to correct error; in the instant case, the issue was raised at trial by the court.

“It seems clear that the primary rationale implicitly underpinning the holding in Lechner is that the failure to inject the issue at trial fatally compromised the plaintiff’s ability to defend against it at a later time. Such would not be an issue in the instant case,” wrote Judge Ezra Friedlander.

The court saw the notice of claim against Oliver had been filed more than two years after the date of the accident, brought it to the attention of Wolverine’s attorney, and gave the company the full opportunity to address the merits of the defense.

Although the panel didn’t want to go so far as to say it was incumbent upon a small-claims court to develop the statute of limitations issue on behalf of pro se litigants, it didn’t see any reason to justify forbidding a small-claims court from sua sponte soliciting argument on an affirmative defense that is explicitly deemed at issue by S.C.R. 4(A). The judges affirmed the small-claims court denial of the claim.
 

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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