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Lake County man warned against disparaging bench

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A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.

A panel of the Indiana Court of Appeals affirmed summary judgment for Debra Teibel and Douglas Grimmer, the children of the late Evelyn Garrard. Her ex-husband, Ronald Garrard, had appealed after a Lake County trial court granted summary judgment in favor of Teibel and Grimmer on claims he made against the estate.

In long-running litigation, the children were given power of attorney for their mother after she was diagnosed with dementia in 2003, but Garrard was named her attorney-in-fact in 2006. A trial court later determined Evelyn Garrard had been incapacitated by September 2005, and dismissed her ex-husband’s claims.

The Court of Appeals had stern words for Garrard in In the Matter of the Supervised Estate of Evelyn Garrard; Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay, 45A03-1111-PL-547. 

“As he did in his pleadings during the trial proceedings, Garrard continues to use a contentious tone in his appellate brief. Furthermore, as with his prior appeal, Garrard has failed to comply with our Appellate Rules,” Judge Rudy R. Pyle III wrote in a unanimous opinion. “Due to the deficient nature of Garrard’s brief, Teibel and Grimmer request that we find that Garrard has waived all issues on appeal. We agree.”

Pyle wrote that Garrard’s appeal lacked cogent argument and “utterly fails to show that a genuine issue of material fact existed.”

“Finally, we note that Garrard’s argument section is also rife with unsupported accusations and derogatory comments against opposing counsel, the trial judge, and the trial bench as a whole. … (H)e calls the judges in Northwest Indiana ‘corrupt’ and asserts that they are a ‘pitiful and despicable group[.]’

“We warn Garrard that ‘we do not look favorably upon disparaging and disrespectful language in briefs with regard to this Court or the trial courts of this state,’” Pyle wrote.

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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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