ILNews

COA to hear 4 cases; one at Plainfield High School

Michael W. Hoskins
January 1, 2007
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The Indiana Court of Appeals will hear arguments in four cases next week, including one on the road at Plainfield High School.

A three-judge panel will hear arguments Monday in Meridian Insurance v. Cha Cha, Inc., No. 53A01-0608-CV-352, which poses the question of whether the period for restoration of a business damaged by fire in an adjoining building should be decided by the courts or through the appraisal process.

The following day two panels will hear afternoon arguments - David Scholtman v. Taza Café, 49A05-0608-CV-475 and Terry Huber, et al. v. Danny W. Sering, et al., 54A01-0604-CV-162. The 1 p.m. arguments in Schlotman will be at Plainfield High School. The case addressed the issue of whether a carry-out restaurant, Gyro Joint, had a common-law duty to protect a patron - in this case one attacked while eating at an outdoor table at the establishment. Scholtman asserts that duty was breached in light of multiple criminal complaints against the establishment, while the eatery argued it did not have a duty and the injuries weren't foreseeable.

Following arguments in that case, panel judges Edward Najam, Melissa May, and Paul Mathias will answer questions about the judicial process.

In Huber, judges will consider at 1:30 p.m. whether forfeiture of a real estate contract is valid when a party has paid more than 20 percent of the purchase price.

Final arguments of the week are scheduled for Wednesday in Frank Nagy v. Evansville-Vanderburgh School Corp, No. 82A05-0609-CV-488. This argument is a sequel to a class action suit decided by the Indiana Supreme Court last year on the constitutionality of certain school fees to compensate the school district's budget. Justices decided a $20 fee charged by the district was unconstitutional. Now, the successful challengers are asking the court to determine whether they are "prevailing party" for purposes of being awarded attorney fees.
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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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