Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail

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In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”

Ann and Richard Miller filed a medical malpractice complaint to the Indiana Department of Insurance by certified mail on March 18, 2008. After discovering the $7 statutory filing and processing fees were not included, the department sent the Millers’ attorney a letter on March 31 stating the mandatory fees needed to be sent within 30 days and that the complaint would “not be considered filed with the Department until the filing fees…[were] received.”

When Millers’ attorney received the letter April 4, he immediately sent the check. On April 7, the department received the check and re-file-stamped the proposed complaint April 7.

The defendants subsequently raised an affirmative defense of the statute of limitations and moved for summary judgment on that basis. They argued the Millers’ proposed complaint was untimely because it did not receive the requisite filing and processing fees until April 7, three days after the statutory period ended.

The Supreme Court disagreed in Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O and Partners in Health, 15S05-1302-CT-91. It pointed to the language of the “Statute of Limitations” chapter of the state’s Medical Malpractice Act which states that “a proposed complaint under Indiana Code 34-18-8 is considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the commissioner.”

This, the court held, suggests that a proposed complaint is considered filed regardless of whether the required fees are submitted with it.

 “Ultimately, as we read the statute, it does not mandate that the Millers’ claim is lost for want of this seven-dollar horse-shoe nail,” Justice Massa wrote for the court. “We therefore reverse the trial court’s grant of summary judgment and remand this case for further proceedings consistent with our opinion.”



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.