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Transfer vacated in builder negligence suit

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The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house.

The suit, Lawrence and Judy Lynn Gunkel v. Renovations, Inc. by Wagler and Menno D. Wagler, et al., No. 76A03-0609-CV-407, had been addressed by the Indiana Court of Appeals and Supreme Court before the appeals court issued its opinion June 27, 2008.

The Gunkels hired Renovations to build their home. After construction began, they noticed water leaked into the home through doors and windows. Renovations claimed that once J & N installed the stone facade, the problem would be fixed. Water still entered and the couple had to hire a different contractor to fix the issue. They filed suit against Renovations for breach of contract and fraud.

In the June 2008 not-for-publication opinion, the appellate court affirmed the trial court properly denied the Gunkels' negligence claims and properly awarded prejudgment interest. It reversed the court's refusal to award the damages on the Gunkels' breach of contract claims and remanded for further consideration and that the trial court make proper findings with respect to its award of attorney fees to Renovations. The Court of Appeals ruled Renovations was entitled to appellate attorney fees and remanded for trial court to determine the proper amount.

The Supreme Court granted transfer January 15, 2009. After further review, and oral arguments, the justices unanimously agreed to vacate transfer.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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