John S. Paniaguas, et al, v. Endor, Inc., et al. - 8/28/13

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Wednesday  August 28, 2013 
10:30 AM  EST

10:30 a.m.45A03-1205-PL-244.  This case arises from a dispute between Appellant homeowners, who own homes in Unit 1 of a subdivision located in Crown Point, Indiana that were built by an initial developer, and subsequent Appellee homeowners, who purchased homes in the same subdivision, some of which were in Unit 1 and some of which were in Unit 2, that were built by a second developer.  Appellant homeowners alleged that Appellee homeowners’ homes were in violation of the subdivision’s restrictive covenants and requested injunctive relief and damages.

 After a bench trial, the trial court determined that Appellee homeowners’ homes were in compliance with the restrictive covenants, and Appellant homeowners now appeal, arguing that:  (1) the trial court erred in determining that they lacked standing to enforce the restrictive covenants against certain homeowners in Unit 2 of the subdivision based on the court’s finding that the restrictive covenants only applied to Unit 1 of the subdivision; (2) the trial court abused its discretion in admitting minutes of the Architectural Control Committee under the business records exception to the hearsay rule; (3) the evidence presented failed to support the trial court’s finding that all of the homes built by the second developer complied with the restrictive covenants; and (4) the trial court’s findings were deficient under Indiana Trial Rule 52.  Appellee homeowners cross-appeal, contending that the trial court erred in not granting them attorney fees because Appellant homeowners’ claims were frivolous.

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

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  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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