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Judges dismiss interlocutory appeal in Weinberger suit as untimely

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The Indiana Court of Appeals has dismissed a patient’s interlocutory appeal in his medical malpractice lawsuit against former doctor Mark Weinberger and related entities, finding it has no jurisdiction to entertain the appeal.

Robert Durall sued Weinberger, his practice and other related businesses after determining that Weinberger performed unnecessary surgeries to correct sinus problems. Durall is just one of hundreds of former patients who sued Weinberger, who fled the country as these claims mounted against him.

The defendants asked the court to limit Durall’s negligence claims solely to Weinberger, bar Durall from recovering emotional damages arising from Weinberger’s flight to Europe, and to dismiss Durall’s claims as untimely.

The trial court granted the defense’s first two requests and otherwise denied the motion. Durall filed a motion to reconsider the Nov. 19, 2012, order on Jan. 7, 2013. The trial court certified its order and the denial of the motion to reconsider for discretionary interlocutory appeal.

In Robert Durall v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC, 45A03-1304-CT-103, Senior Judge Carr Darden pointed out that Durall failed to comply with Indiana Appellate Rule 14(B) by not appealing the Nov. 19 order within 30 days. The trial court also did not comply with Rule 14(B)’s requirements for belated certification of appeals. Without proper certification, “we have no jurisdiction to entertain an interlocutory appeal,” Darden wrote.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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