Ex-business partner might not get damages for unreturned pizza oven

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Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.

Salvino Verta does not challenge the January 2013 order that required him to return the pizza oven to Salvino Pucci, but he does challenge the $114,000 in damages – $100 for every day Verta delayed in returning the oven that the court ordered him to pay in June. Verta claimed he never received notice of the January 2013 order or the April 2013 scheduling  order for the June hearing, and the chronological case summary entries on the matter don’t indicate that the clerk mailed notice.  Verta returned the pizza oven June 4, 2013.

Verta filed a motion to reconsider, correct error and motion from relief from judgment, seeking relief from the June order. He claimed had he received the orders he would have complied in all respects and appeared before the court. The trial court denied his motion to correct error.

Because the CCS does not contain any notation to indicate that the clerk had served the April 2013 scheduling order or the January 2013 order on Verta, the trial court abused its discretion by denying his motion seeking relief from the June 2013 order, the COA held in Salvino Verta, et al. v. Salvino Pucci, 45A03-1309-PL-387. They ordered the lower court to hold a hearing to further determine what, if any, monetary damages should be awarded given the CCS’s lack of an entry to indicate notice was sent to Verta on the January 2013 order.

“While Verta might have been able to assume that the trial court would set a hearing on Pucci’s motion, the clerk had a duty to serve Verta with a copy of the scheduling order and to memorialize such action on the CCS,” Judge Rudolph Pyle III wrote.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...