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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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