ILNews

Judges dismiss interlocutory appeal in Weinberger suit as untimely

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT