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Judges clarify how plaintiff may have case reinstated

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In a rehearing requested by a plaintiff whose legal actions were dismissed in Marion Superior Court, the Indiana Court of Appeals clarified its original holding on how the man may have his actions reinstated.

In its original decision, the COA ruled that Gersh Zavodnik must have his original complaints, filed against several parties and stemming from online purchases, reinstated in order for the actions to proceed. Marion Superior Judge Timothy Oakes dismissed several of the lawsuits without prejudice. Zavodnik sought permission to reinstate those lawsuits but was refused. He then filed the actions in Judge David Dreyer’s court, who dismissed them without prejudice.

The appellate judges emphasized that Zavodnik must obtain reinstatement of his original complaints if he wants to continue his legal claims against Giselle Guzman, Brian Richards and Steve Panayiotov, not merely seek reinstatement. He may not circumvent denial of reinstatement by filing new complaints in a different court.

It also does not matter that Oakes has recused himself in all matters involving Zavodnik, as Zavodnik claims.

“…(A)lthough Zavodnik must obtain reinstatement of his original complaints under their original cause numbers, such reinstatement could be ordered by a judge other than Judge Oakes, if Judge Oakes indeed were to recuse himself from any future attempts at reinstatement,” Judge Michael Barnes wrote in Gersh Zavodnik v. Brian Richards and NJGOLFMAN.COM a/k/a Savva's Golf Enterprises a/k/a PROGOLFJERSEYCITY@YAHOO.COM and Steve Panayiotov, et al., 49A02-1209-CC-750.

 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

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