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Vintage Corvette belongs to the last buyer

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Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.

The Indiana Court of Appeals affirmed the summary judgment granted to Donald Gindelberger in James N. Brinkely and Stephanie L. Brinkley v. Michael Haluska, P.E., d/b/a Retro Tech, et al, 32A01-1204-MI-181. It found Gindelberger to be a good faith purchaser for value.

The Brinkleys bought the Corvette in 2005 and, in 2006, contracted with Michael Haluska to restore the car for $12,500 plus parts and additional expenses. However, the parties eventually had disagreement about Haluska’s work and the amount of money the Brinkleys still owed.

Mechanic’s Lien Plus, hired by Haluska, filed a lien on the vehicle and sent a certified notice to James Brinkley at his father’s residence which was the address listed on the title. The notice stated the vehicle would be sold at public auction in August 2009 if the charges of $7,400 were not paid.

Brinkley did not receive the notice of the sale.

At the August auction, Haluska purchased the vehicle for $100.

Then Mechanic’s Lien sent a second certified notice to Brinkley at his own address, informing him the car would be sold at public auction in November 2009 if he did not pay the charges.

On Nov. 20, 2009, the Brinkleys filed a complaint for injunctive relief against Haluska to bar the sale of the vehicle and to regain possession. That same day, Haluska filed an application for certificate of title with the Indiana Bureau of Motor Vehicles and on Nov. 23, 2009, he was issued the certificate of title.

Haluska was served with the Brinkleys' complaint on Dec. 3, 2009, but he subsequently listed the car for sale on eBay. Gindelberger purchased the vehicle for $25,100 and received the certificate of title showing Haluska as the owner. Gindelberger did not examine the county court records prior to purchasing the vehicle.

After the trial court granted an injunction, ordering Haluska not to transfer title or deliver the signed title to the vehicle to any third party, the Brinkleys filed an amended complaint. They alleged Gindelberger was “not a bona fide purchaser for value without notice” because he had constructive notice of their lawsuit against Haluska.

The COA rejected that argument. It found there is no lis pendens notice for automobiles and there is no authority requiring Gindelberger to search pending litigation records prior to purchasing a vehicle.

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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