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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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