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Tuesday, October 27, 2009
Ind. Decisions - Supreme Court decides one today
In Rudrappa Gunashekar and Jayashree Gunashekar v. Kay Grose d/b/a America's Affordable Housing, J & K Mfg., an 8-page, 4-1 opinion, Chief Justice Shepard writes:
Rudrappa and Jayashree Gunashekar appealed the trial court’s judgment against them in a suit involving breach of contract, conversion, and deception. The Court of Appeals reversed and remanded solely on their dispositive claim that the court abused its discretion by denying their motion to continue the trial. We granted transfer and now affirm the trial court. * * *[Justice Rucker's dissent begins] I respectfully dissent. Reversing the trial court’s judgment the Court of Appeals majority concluded ―[t]he trial court abused its discretion in denying the Gunashekars’ pro se motion to continue after their trial attorney withdrew six weeks prior to trial. Gunashekar v. Grose, No. 02A03-0712-CV-614 (Ind. Ct. App. Aug. 12, 2008). Although it may be correct to say that the trial court did not actually abuse its discretion, I do agree that the denial of the motion to continue was grounds for reversal. Involving a claim and counterclaim, and requiring at least some comprehension of insurance proceeds, negotiable instruments, joint and several liability, real estate ownership, contract compliance, attorney fee damages, civil damages for criminal conduct, and preparation for trial, this case presented a level of complexity that few if any pro se litigants would have been able to navigate successfully. With a potential exposure, and indeed an ultimate adverse judgment, of nearly a half million dollars the Gunashekars needed the assistance of trained legal counsel. Fairness and equity required the trial court to afford the Gunashekars a reasonable delay to accomplish this end.
Posted by Marcia Oddi on October 27, 2009 02:06 PM
Posted to Ind. Sup.Ct. Decisions