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Court will hear attorney withdrawal case

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The Indiana Supreme Court has agreed to take a case exploring how litigants can proceed on their own after the attorney withdraws prior to trial, particularly when a language barrier may exist.

Justices on Thursday granted transfer in the civil case of Rudrappa and Jayashree Gunashekar v. Kay Grose, d/b/a America's Affordable Housing J&K Manufacturing, No. 02A03-0712-CV-614.

In an Aug. 12 unpublished memorandum opinion, the Indiana Court of Appeals had reversed the trial court's denial of the Gunashekars' pro se motion to continue after their attorney withdrew from the case six weeks before trial.

The Allen County case stems from a 2002 fire that damaged a commercial building the Gunashekars owned. They hired a contractor for $147,337 of repair work, but the insurance coverage came in less than that amount. The Gunashekars' payment to the contractor wasn't honored, and that resulted in a lawsuit that was scheduled to go to trial in late July 2007. The Gunashekars' attorney withdrew in mid-June, and the trial court granted the motion to withdraw and ordered that no continuance would be granted. The couple was ultimately ordered to pay the damages, as well as treble damages, but a new attorney argued that the court should have allowed them to continue the trial in order to find new counsel.

"There is little in the record to indicate whether the Gunashekars foresaw (their attorney's) withdrawal, were at fault or were diligent in attempting to secure new counsel," the court wrote. "Nevertheless, (that attorney) withdrew six weeks before trial of a complex case with non-native English speakers potentially subject to treble damages. While several relevant concerns suggest that (his) withdrawal may have compromised the Gunashekars' presentation of their case, nothing indicates that Grose would have then been prejudiced by a delay."

The appellate court remanded for a new trial in the 2-1 decision, but Judge Ezra Friedlander disagreed that the trial court's denial constituted abuse of discretion and that a more detailed look at the facts is necessary. The judge would opt for more trial court discretion in this case and more evidence that a language barrier existed, he wrote.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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