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Judges affirm $40,000 judgment in lawsuit involving neighbors

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Noting the grounds on which a defendant sought relief from a $40,000 default judgment are unclear, the Indiana Court of Appeals affirmed that the man must pay his neighbor that amount.

George Niederkorn sued Dan Weaver for defamation, invasion of privacy and intentional infliction of emotional distress. Niederkorn attempted to serve Weaver by first-class mail and certified mail. In October 2012, Niederkorn personally served a copy of the complaint and summons on Weaver at his residence, which is across the hall from Niederkorn’s resident in a condominium complex.

A default judgment was entered in December after Weaver failed to respond. The judge in the case received a letter from Weaver dated the day before the default judgment was entered claiming he just received a letter and copy of the motion for default judgment. The trial court twice continued the evidentiary hearing on damages per Weaver’s request, but after he or an attorney failed to appear at a March 2013 hearing, the judge entered default judgment of $40,366.18 against Weaver.

Weaver later claimed he didn’t show up because he had jury duty; the judge checked and he had not been called for duty on the date of the hearing.  Weaver filed a motion to correct error, which was denied.

In Dan Weaver v. George Niederkorn, 49A05-1309-CT-448, the judges noted the grounds on which Weaver sought relief are unclear, but whether they look at it under T.R. 60(B) (1) or (6), Weaver has not established reversible error.

Weaver cited no authority to support his claim that Niederkorn’s personal service upon him was insufficient to confer personal jurisdiction and the judges refused to reweigh the evidence regarding whether the complaint was credible.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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