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COA reverses small claims judgment

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The Indiana Court of Appeals reversed a small claims court judgment because it was troubled by the court's outright refusal to give the plaintiff a chance to introduce evidence to refute a counterclaim.

In Robert A. Elrod v. Larry Brooks, No. 10A01-0903-CV-155, Robert Elrod appealed the small claims court's judgment in favor of Larry Brooks, who was the defendant in Elrod's suit and filed a counterclaim for theft and conversion. Elrod filed his original complaint alleging Brooks never gave him the title or bill of sale for two trailers he purchased from Brooks.

The small claims court knew there was a complaint and counterclaim before Elrod presented his case. After he finished, the judge asked if Elrod wanted to present any more evidence, to which Elrod said no. Then Brooks brought his case; Elrod asked to let witnesses dispute Brooks' claims, but the judge refused.

The small claims judge said he had given Elrod a chance to present his case and Brooks didn't present anything surprising or shocking. He also said letting Elrod present his case again would be like starting over, which he can't allow. The court granted judgment in Brooks' favor and ordered Elrod to pay $3,000 in damages.

The Court of Appeals determined the small claims court erred in denying Elrod the opportunity to present evidence on Brooks' counterclaim. It recognized the great amount of discretion the small claims court has in conducting proceedings before it, but it erred in not letting Elrod try to refute Brooks' counterclaim, wrote Judge Patricia Riley.

There's nothing in the Small Claims Rules that would prevent it from following the Rules of Trial Procedure, as the Indiana Supreme Court ruled in Bowman v. Kitchel, 644 N.E.2d 878, 879 (Ind. 1995). In that case, the high court decided that the Rules of Trial Procedure apply in small claims court unless the particular rule in question is inconsistent with something the small claims rules.

"Even if it was the small claims court's intention that Elrod should have presented all his evidence which supported his claim and contested Brooks' counterclaim at the same time, the court never shared this intent with the parties," Judge Riley wrote. "Regardless, it would still be dubious for Elrod to have to defend against a claim before hearing the evidence in support of it. Although informality is the key in small claims proceedings, it should not come at the cost of fundamental rights of the parties."

The appellate court remanded for a new trial.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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