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Justices take 4 cases

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The Indiana Supreme Court granted transfer to four cases last week, including three that involved divided lower court rulings.

In Ann L. Miller and Richard A. Miller v. Glenn L. Dobbs, D.O., and Partners In Health, 15S05-1302-CT-91, the majority on the Indiana Court of Appeals reversed summary judgment for Dr. Glenn Dobbs and Partners in Health on the issue of whether Ann and Richard Miller’s proposed medical malpractice complaint was timely filed with the Department of Insurance.

Judge Nancy Vaidik dissented, claiming that Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the DOI instead of the attorney. In this case, the attorney did not include the $7 filing fee when mailing the complaint, but sent the fee on the date the statute of limitations expired.

Jeremiah Cline v. State of Indiana, 06S05-1302-MI-92, has a dissent from Chief Judge Margret Robb, in which she believed that the trial court has authority to “expunge” Jeremiah Cline’s existing information from the state Sex Offender Registry. The majority agreed with Cline that he has no obligation to register but that he must go through the Department of Correction to remove his name.

In Heather N. Kesling v. Hubler Nissan, Inc., 49S02-1302-CT-89, the Court of Appeals was divided as to whether Hubler Nissan was entitled to summary judgment on Heather Kesling’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims. A little more than a year after she bought the car, she sued and an inspector found the car was unsafe to drive.

The majority found an issue of material fact as to whether Hubler made a representation in its advertisement that the car Kesling bought had performance, uses or benefits that it didn’t have and that the dealer should have known that the car didn’t have those characteristics. Judge Ezra Friedlander dissented, believing the ad did not run afoul of the Deceptive Consumer Sales Act.

The Supreme Court also took Wells Fargo Bank, N.A., successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al., 02S04-1302-CP-90. The Court of Appeals initially dismissed the appeal, finding Wells Fargo failed to timely file its notice of appeal. It later affirmed most of the $627,000 judgment in favor of restaurant operator Neal Summers, who was sued by former mortgagors. The COA did order recalculation of a judgment based on Summer’s restaurant’s earnings.

The justices declined to take 12 cases on transfer.

 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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