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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. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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