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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 will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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