The Indiana Court of Appeals Reversed Summary Judgment In Favor Of Construction Supplier

first_imgThe Indiana Court of Appeals Reversed Summary Judgment In Favor Of Construction Supplier Jennifer Nelson for www.theindianalawyer.comon its breach of contract claim against a builder to which it provided a line of credit. The appellate court agreed with the defendants’ claims that the lawsuit was time-barred.V. Ganz Builders and Development Co. Inc. signed an application for a line of credit with Michigan-City based Pioneer Lumber Inc. The company also signed a credit account agreement and VGB president Vladimir Ganz secured the line of credit with a personal guaranty agreement.Both the line of credit and the credit account had unpaid balances as of January and February 2006. Pioneer filed its lawsuit in November 2012 alleging VGB had breached the credit account agreement by failing to make timely payments on its purchases and that Ganz had defaulted on the guaranty agreement by failing to pay VGB’s debts.VGB didn’t assert that Pioneer’s claims were time-barred by the six-year statute of limitation on actions on accounts and contracts not in writing under I.C. 34-11-2-7 until it filed a counter motion on Pioneer’s motion for summary judgment as to liability and damages.The trial court granted summary judgment as to liability in favor of Pioneer. At a bench trial on damages, the court awarded Pioneer more than $61,000 in unpaid balances, finance charges and attorney fees.VGB filed a motion to correct error, which was denied, leading to the appeal.The COA rejected Pioneer’s claims that the VGB’s motion to correct error wasn’t timely filed and that the appellants can’t challenge the trial court’s ruling because they didn’t timely appeal after the summary judgment ruling. Judge Terry Crone pointed out that the summary judgment order was interlocutory because the court didn’t rule on every issue.The appeals court ruled that VGB is entitled to summary judgment on its statute of limitations defense. For purposes of I.C. 34-11-3-1, the phrase “date of the last item proved in the account on either side” means the last charge to or the last payment made on the accounts governed by the line of credit. Based on the six-year statutory limitations period, Pioneer had to bring its claims by January and February 2006, but did not. And Pioneer designated no contrary evidence in its response to VGB’s counter motion for summary judgment. Crone also wrote that Pioneer’s assertion on appeal that the statute of limitations was tolled by Ganz’s oral promise in December 2007 to satisfy the debt in full is unsupported by any citation to authority, and therefore waived.Ganz is also entitled to summary judgment on the statute of limitations defense regarding the personal guaranty claim. Even assuming that Pioneer gave Ganz several additional months to pay the debt, its claim against Ganz accrued more than six years before it filed the complaint, so it was untimely.The case, V. Ganz Builders and Development Co., Inc., and Vladimir Ganz v. Pioneer Lumber, Inc., 64A03-1602-CC-432, is remanded for further proceedings.FacebookTwitterCopy LinkEmailSharelast_img read more

Lotus & Pigeons Playing Ping Pong Bring All The Jams To Columbus [Gallery]

first_imgPhoto: Phierce Photo Lotus and Pigeons Playing Ping Pong have been out on the road together for the last few days, turning heads each with their unique brand of improvisationally-influenced music. Whether it’s the funky rock approach of Pigeons or the smooth electronic influences of Lotus, both bands know exactly how to keep fans engaged when they’re on stage. Both bands continue to evolve with experience, as Pigeons are planning a new album release later this year and Lotus just released their first ever album with vocals on every track. With the two bands going back to back at Express Live in Columbus, OH, you can bet that this was a great night of music!Check out a full recording from the Pigeons’ set, courtesy of taper mott77.You can see the full gallery of images from the night below, courtesy of Phierce Photo, as well as a video recap from the performance. Load remaining imageslast_img read more

Wading River Man Charged With Easter Road Road Stabbing

first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A Wading River man has been arrested for allegedly stabbing a Hampton Bays man during a road rage confrontation in Calverton on Easter, Riverhead town police said.Officers found Brett Penny, 48, suffering from a stab wound to the chest and left hand on Sound Avenue near Fresh Pond Road at 3:36 p.m. Sunday, police said.Penny was airlifted to Stony Brook University Hospital, where he is being treated for his injuries.Michael Doroski, 25, surrendered to authorities and was charged with assault. He will be arraigned Monday at Riverhead Town Justice Court.Riverhead town police detectives are continuing the investigation and ask anyone who may have witnessed the incident to call them at 631-727-4500 Ext 332.last_img read more

Lin Dan vs Lee Chong Wei: How badminton’s great rivalry was born

first_imgFifteen years ago in a packed Kuala Lumpur stadium, rising stars Lin Dan and Lee Chong Wei met in a final for the first time, setting the stage for what would become badminton’s greatest rivalry.Malaysia’s Lee, then 22, fell to the floor, punched the air and blew kisses to the crowd after his see-sawing, 88-minute 17-15, 9-15, 15-9 victory, when he fought back from behind in the first and last games.”Everyone saw how [Lin] played,” said Lee, who was the defending champion, after his win at the Kuala Lumpur Badminton Stadium. “He is excellent in attack and his overhead smashes and forehand crosscourt shots are dangerous. So it is very satisfying to beat him.”It was a fittingly tense start for a match-up that would span two Olympic finals and two world championship deciders, and drew a new generation of fans.But the match would remain one of the high points for Lee, who lost his four world and Olympic finals against the Chinese great and retired last year without winning either of the sport’s top two titles.”Their rivalry happened in a period when badminton needed inspiration,” K.M. Boopathy, a veteran Malaysian sports journalist who watched the 2005 game, told AFP. Topics : ‘We have to salute him’Lee launched a comeback and defeated Lin in a thrilling semi-final at the 2016 Rio Olympics — only to lose once again in the final, this time to another Chinese player, Chen Long.The sinewy star longed for a final shot at Olympic gold at the Tokyo Games, now postponed due to the coronavirus, but his hopes were dashed after being diagnosed with nose cancer in 2018.He recovered after treatment but struggled to regain his form, and announced his retirement last year at a tearful press conference.With 705 wins and 69 titles, Lee is a national hero in Malaysia, which has produced few world-class athletes.The pair’s final match was the quarter-finals of the prestigious All-England Open in March 2018, which the Chinese won.But Lin has not hit his former heights in recent years, and with retirement looming he looked certain to miss the Tokyo Olympics before they were postponed to next year.When Lee announced his retirement, Lin posted on China’s Twitter-like Weibo: “I will be alone on the [badminton] court and no one will accompany me.”And only last month, Lee described his nemesis, who is still playing, as a “legend”. “His titles speak for themselves. We have to salute him,” he said.center_img Bad boy vs nice guy Lee, now 37, and Lin, 36, played 40 times in total, with the Chinese player convincingly winning their head-to-head 28-12. Lee had lost his first and only encounter against Lin before beating him in the Kuala Lumpur final.The 2008 and 2012 Olympic title matches were among the most memorable showdowns between the men, who both enjoyed long spells as world number one.Lin won in straight games in Beijing in 2008, but Lee came agonizingly close to gold at London 2012, leading 19-18 in the deciding game before fatefully leaving a shot that dropped on the line. Bracketing the 2012 defeat, Lee lost world title matches to Lin in 2011 and then in 2013 in southern China, when the air conditioning mysteriously failed mid-match and the Malaysian was stretchered off with cramp as he faced match point.Fiery Lin and soft-spoken Lee are very different characters, although they were friends off the court and share a strong mutual respect.Known as “Super Dan”, Lin had a reputation as badminton’s bad boy — he sported multiple tattoos, unusually for a Chinese player, and strutted around the court with supreme confidence. The two-time Olympic and five-time world champion, often regarded as the best badminton player ever, often ran into controversy. In 2008, he threw a temper tantrum during a training session after which he had to deny striking his coach. In contrast, Lee was quiet and unassuming. But his humble demeanor belied a dazzling array of weapons on the court — he was blessed with lightning reflexes and once held the record for the world’s fastest smash. His 19-year career also had its fair share of drama, however.The then world number one was banned after testing positive for a proscribed anti-inflammatory at the 2014 world championships, and was sidelined for eight months until authorities eventually accepted his explanation he took it inadvertently. “They managed to make the sport extremely popular.”last_img read more

Brook vs Zerafa: Fight date, start time, card, how to watch, stream

first_imgThis will be the first time Brook will not have trainer Dominic Ingle in his corner. Ingle had other commitments, and Brook has opted to train at his gym in Fuerteventura, Spain, with ex-boxer and friend John Fewkes instead of at the famous Ingle Gym in Sheffield.Join DAZN to watch Brook vs. Zerafa plus more than 100 fight nights a year If Brook wins, the pressure will build for a highly anticipated grudge match against Amir Khan for early 2019.Zerafa will look to offer Brook stiff opposition and is a former Commonwealth super-welterweight champion. “I thrive from being the underdog and I believe that Kell Brook’s team have made the mistake of overlooking me” Zerafai said in a press release, adding, “Kell is a true warrior and a great champion, but he’s been in some tough fights and put a lot of miles on the clock. I see a ship with a lot of holes and too many holes leads to a sunken ship.”Brook’s promoter, Eddie Hearn, said in a Matchroom press release “I’m delighted to see Kell back in the ring, and I expect Zerafa to give it everything on Dec. 8.” Hearn added, “We know that the Khan fight is on the horizon, but this is all part of Kell’s preparation for being razor sharp and bringing his weight down to 147 pounds — Zerafa aims to spoil the party.”When is the Brook vs. Zerafa fight?Kell Brook and Michael Zerafa will clash on Dec. 8. The action for the undercard begins at 2 p.m. ET. It marks nine months since Brook fought last, when he defeated Rabchanka, while Zerafa’s last fight was in August, when he scored a TKO against Jose Agustin Feria. Where is it?The fight will take place at the FlyDSA Arena in Sheffield, England. The venue opened in 1991 and has a capacity of more than 13,000. This will be Brook’s eighth fight at the arena.How can I watch?You can watch the Brook vs. Zerafa fight and full undercard live-streamed exclusively on DAZN in the U.S.DAZN is a sports streaming service offering over 100 boxing and MMA events a year, live and on demand for just $9.99 per month, with the first month free. Record and biosName: Kell BrookNickname: The Special One / Special KNationality: BritishBorn: May 3, 1986Height: 5-9Reach: 69 inchesTotal fights: 39Record: 37-2 with 26 knockoutsName: Michael ZerafaNickname: Pretty BoyNationality: AustralianBorn: March 25, 1992Height: 5-11Reach: 71 1/2 inchesTotal fights: 27Record: 25-2 with 14 knockoutsBrook vs. Zerafa fight cardKell Brook vs. Michael ZerafaJono Carroll (16-0) vs. Guillaume Frenois (46-1)Josh Kelly (8-0) vs. David Avanesyan (23-3-1)Anthony Fowler (8-0) vs. TBAKid Galahad (25-0) vs. Brayan Mairena (10-4-1)Anthony Tomlinson (8-0) vs. Innocent Anyanwu (25-38-3) Terri Harper (4-0) vs. Feriche Mashauri (6-1)Qais Ashfaq (3-0) vs. Jay Carney (5-3-2)Shakiel Thompson (1-0) vs. Konstantin Alexandrov (8-36-3) The “Special One” Kell Brook returns to the ring against Australian Michael Zerafa (25-2, 14 KOs) in a WBA world super-welterweight eliminator on Dec. 8 at the Sheffield Arena in the United Kingdom.The 32-year-old will fight once again in front of his hometown fans in Sheffield. His last time out, ‘Special K’ won the vacant WBC Silver Super Welterweight title with a second-round knockout victory against Siarhei Rabchanka in March this year. last_img read more

South Africa mourns Springbok legend Joost van der Westhuizen

first_imgLegendary Springbok rugby scrumhalf and captain Joost van der Westhuizen died on Monday 6 February after five years battling motor neuron disease. He was 45.Joost van der Westhuizen was instrumental in the Springboks’ World Cup triumph in 1995. But tragically, the legendary scrumhalf could not triumph over motor neuron disease. (screenshot via Youtube)Former Springbok rugby scrumhalf, captain and legend, Joost van der Westhuizen, has died at age 45 after a long battle with motor neuron disease.The J9 Foundation, which Van der Westhuizen established to fight the incurable disease, confirmed his passing on Monday 6 February. After his vital organs began to fail on Friday 3 February, he was admitted to a Johannesburg hospital on Saturday and placed on life support.The foundation said he passed away on Monday after “putting up an incredible fight” over the weekend.He was diagnosed with amyotrophic lateral sclerosis (ALS), a form of motor neuron disease, in 2011. The disease attacks the body’s neurons, weakening the body’s voluntary muscles. This can result in difficulty in speaking, swallowing, and eventually breathing.Van der Westhuizen played a pivotal role in the Springbok’s first Rugby World Cup title in 1995. In his prime, he was considered the world’s greatest scrumhalf. He is still regarded as one of the legends of the game.Van der Westhuizen spent his entire club career with the Blue Bulls, from 1993 until 2003, with great success. But he will be best remembered for his international playing career.He featured in 89 tests for the Springboks and scored 38 tries, a record only broken by Bryan Habana in 2011, at the Rugby World Cup. He captained South Africa during the 1999 World Cup where they finished third. Van der Westhuizen retired from international rugby in 2003 as South Africa’s record cap holder.Would you like to use this article in your publication or on your website? See Using Brand South Africa material.last_img read more

The Power of an Indomitable Mindset

first_imgImpossible to beat. Impossible to subdue.What does an indomitable mindset mean for salespeople? Why is it important? How do you develop one?The foundation of an indomitable mindset is an indomitable belief structure. As you go through life, you pick up dozens and dozens of infections. You don’t even know you’re picking them up, but these infections determine what kind of results you produce and what level of success you achieve.Maybe you were infected with the belief that the obstacles to better performance are external. It’s not you, it’s the economy. It’s not you, it’s your sales manager. It’s not you, it’s your competitors’ willingness to sell on price alone. These are very common infections, and they weaken your mindset.The wonderful thing about beliefs is that they are infections you can choose for yourself. You can choose to believe that the obstacles to better performance are all internal. You can believe that you are responsible for everything that happens to you. It’s not the economy, it’s the fact that you haven’t adjusted your approach to take advantage of new economic realities. It’s not your sales manager, it’s the fact that you aren’t selling him or her like you sell to your prospective clients. It’s not your competitor’s willingness to sell on price that causes you to lose opportunities, it’s your inability to justify the delta between your price and theirs.Your beliefs drive your behaviors and your behaviors determine your results. Without a powerful underlying belief system, you cannot have an indomitable mindset.In my first book, The Only Sales Guide You’ll Ever Need, I identified nine attributes that make for a powerful mindset. Those attributes include self-discipline, optimism, caring, competitiveness, resourcefulness, initiative, persistence, communication, and accountability. These attributes are all part of what makes up an indomitable mindset.If you want to create an indomitable mindset of your own, study people that already have one. Adopt their beliefs as your own, especially the beliefs that make you uncomfortable. In short order, you’ll find yourself taking new actions, and producing new results. You’ll also find yourself with an indomitable mindset.last_img read more

Ishant Sharma’s parents elated at son’s stellar performance

first_imgTeam India’s man of the moment Ishant Sharma, whose seven wickets in the match against England ensured a Test win at Lord’s after 28 years, is getting congratulatory messages from allover the world. His parents, who live in Delhi, are also marvelling at the stellar performance of their son.  “Its a great feeling, hope the team keeps winning in the rest of the tour as well,” said his mother Grisha Sharma.His father Vijay Sharma, however, gave the credits to the entire team.”We are very happy, it was a total team effort,” he said.After drawing the first Test at Trent Bridge, India won the second match by 95 runs.Right-arm pacer Ishant rattled the England batsmen by bowling bouncers regularly which helped him earn career-best figures of 7/74 and the Man of the Match award.last_img read more

Hotel Tourism Association says synergy matters in aftermath of road trip

first_img Luxury events for Chicago’s leading travel and media professionals hosted by #TeamTCI Related Items:karen whitt, TCHTA, turks and caicos hotel and tourism association Facebook Twitter Google+LinkedInPinterestWhatsAppProvidenciales, 28 May 2015 – Nobody does it like the Turks and Caicos when it comes to overseas fam-trips; and the uniqueness of the Premier’s Investment and Sales Blitz was an idea trumpeted by Hotel and Tourism Association executives who yesterday explained, the synergy of the group which reflected public and private sector interests, made the biggest impression. Karen Whitt, Director, Turks and Caicos Hotel & Tourism Association (TCHTA): “As you would note from the video the highlights are really about the cultural aspect; the heritage, the friendliness and the warmth and the beauty of the destination as opposed to as I would say ‘bricks and mortar’ or anything individual and that as Nikheel (Advani – TCHTA Vice President) stated is one of the unique aspects of this whole initiative.”Whitt continued, “Nobody does this, and this is our second year and we got resounding feeding back everywhere we went that this was one of the most imaginative, creative, unique and quite frankly comfortable and fun atmosphere that anybody attended. All of the participants were overwhelmed with our own warmth, our friendliness, our unity and so forth and I think it made for a more enjoyable experience for all of them and it also gave an opportunity to open their minds to different aspects of what the country has to offer.” Recommended for you Facebook Twitter Google+LinkedInPinterestWhatsApp TCI: Hard work happens each day, says new President of TC Hotel and Tourism Association; Strategic Action Plan unveiled Turks and Caicos invited to the World Gourmet Summit in Singaporelast_img read more