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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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