ILNews

Court: Company must pay for suit

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals has ordered a company that brought a frivolous lawsuit to pay for the attorney fees and other costs of the defending party.

In Natare Corporation v. Cardinal Accounts, Inc., 49A05-0704-CV-210, the Court of Appeals granted Natare's motion to tax costs regarding a suit against them brought by Cardinal Accounts. The trial court reinstated Cardinal's complaint, which sat in limbo for months because Cardinal made no action in the case. When Natare appealed the complaint, the Court of Appeals tossed it out, citing Cardinal's lack of any attempt to establish it had a meritorious claim and that the company's multiple unexplained delays didn't constitute exceptional circumstances.

Chief Judge John Baker wrote that Natare should be reimbursed by Cardinal pursuant to Indiana Appellate Rule 67 the costs of the filing fee, transcript preparation, appendix production, and postage, for a total of $333.68.

The appellate court also granted Natare's attorney fees for the appeal be paid for by Cardinal because Cardinal's suit was clearly frivolous.

"Natare was forced to appeal the erroneous result of the frivolous litigation and should not have to bear the financial burden of its attorneys' services during the appellate process," wrote Chief Judge Baker.

The appellate court remands the issue to the trial court to determine the amount of attorney fees owed to Natare, as well as to order Cardinal to pay Natare's costs in the amount of $333.68.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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