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Thursday, March 14, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2):

In Gersh Zavodnik v. Brian Richards and Njgolfman.com a/k/a Savva's Golf Enterprises a/k/a ProGolfJerseyCity@yahoo.com and, Steve Panayiotov a/k/a Steve Panayiotou a/k/a Savva Panayiotou , a 9-page opinion, Judge Barnes writes:

Gersh Zavodnik appeals the dismissal of his lawsuits against Giselle Guzman, Brian Richards, and Steve Panayiotou. We affirm.

The sole issue is whether the trial court properly dismissed Zavodnik’s lawsuits against Guzman, Richards, and Panayiotou based upon their similarity to previous lawsuits that had been dismissed without prejudice under Indiana Trial Rule 41(E).

From 2008 through 2010, Zavodnik filed a total of twenty-seven lawsuits against defendants who resided in five different states and ten different countries. Guzman and Richards were defendants in two separate lawsuits; Panayiotou does not appear to have been a defendant in this original batch of suits. These lawsuits were consolidated before Judge Timothy Oakes of the Marion Superior Court. On March 2, 2011, Judge Oakes dismissed without prejudice all twenty-seven lawsuits under Indiana Trial Rule 41(E) for Zavodnik’s failure to comply with local rules and failure to effect service upon a number of defendants. On March 1, 2012, this court affirmed the dismissal of twenty-four of the lawsuits, including those against Guzman and Richards, while reversing three of the dismissals. Zavodnik v. Gehrt, No. 49A02-1105-CT-393 (Ind. Ct. App. March 1, 2012). * * *

Judge Dreyer acted properly in dismissing both complaints against Guzman, Richards, and Panayiotou. Zavodnik’s only remedy if he wishes to continue to pursue legal action against those parties is to obtain reinstatement of his original complaints before Judge Oakes. We affirm.

In Michael Bowser v. State of Indiana , a 7-page opinion, Sr. Judge Barteau writes:
Michael Bowser appeals his two convictions of battery by means of a deadly weapon, both Class C felonies. Ind. Code § 35-42-2-1 (2008). We affirm.

Bowser raises two issues, which we restate as:

I. Whether the trial court abused its discretion in denying his motion for severance.
II. Whether the evidence is sufficient to sustain his convictions.

NFP civil opinions today (4):

Sherri A. Cornejo v. Review Board of the Indiana Department of Workforce Development and Houchens Food Group, Inc. (NFP)

Citizens Financial Bank v. Richard Cooper and Peggy Cooper (NFP)

Richard Lindsey v. City of Clinton, Indiana (NFP)

Heath Lord v. Ashley Lord (NFP)

NFP criminal opinions today (2):

John F. Minter-Bey III v. State of Indiana (NFP)

Bennie Chamberlain v. State of Indiana (NFP)

Posted by Marcia Oddi on March 14, 2013 10:27 AM
Posted to Ind. App.Ct. Decisions