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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. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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