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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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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