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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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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