Appealing a Small Claims Victory Due to Inadequate Award

[somi]

My question involves small claims court in the state of: Indiana


I recently sued my previous landlord because the ceiling collapsed and spread mold everywhere damaging my personal property. The ceiling collapsed almost 2 months before my leased ended but I paid the remainder of the rent to avoid trouble and moved out one month early. I sued for one month of rent plus the damages for my personal property and doctor visit. Judgement was made in my favor but the dollar amount awarded does not cover my last month's rent nor did I receive anything for the damaged property or health costs.

The landlord's attorney told the judge that the lease REQUIRES that I have renters insurance and that they were not liable. Their attorney asked if I knew this was a requirement and I said, "No, I don't remember seeing that in the lease agreement". The lease they had was submitted as evidence without me being able to look through it to see if it was identical to my copy. I was also not shown where the lease requires renters insurance. After leaving the courthouse I looked at my copy of the lease and saw that renters insurance was RECOMMENDED. I am wondering 1) if I can appeal the judge's ruling 2) if there is a way to see the lease that was submitted as evidence and 3) if the judgement was made because of this false evidence.

I have a copy of the lease that my landlord sent to the Office of Indiana Attorney General (while trying to mediate the situation via this route) as proof that I did not alter my copy of the lease.

Should I/Can I appeal to receive the damages?

[cmre3456]

You can appeal anything. It doesn't mean that you will get your appeal heard. The opposing attorney will fire back an opposition to the appeal.

An experienced litigant would ask to see that lease while on the witness stand when asked about it. In fact, my experience is that copies of evidence are automatically given to the opposing party and to the judge just before trial, or during arguments, or even at a specified time before the trial. At the least, you would be handed a copy of the lease as would the judge and the pertinent wording pointed out to you and the court. Usually.

I would think from what little I see from here, that your best argument for a reversal would be that the attorney misrepresented evidence to the court. The attorney is an officer of the court and misrepresenting evidence can be a serious charge. You might therefore get an out of court settlement.

You could also opt to file a claim against the attorney, asking that she pay your unfairly lost judgment amount due to misrepresenting evidence to the court. When you file that claim, you can also file a motion for court sanctions against the attorney for misrepresenting evidence. (There may be, in your court rules, a time of delay between when you file your complaint and when you can make that motion.) She might get fined. Even though there is slim change of that, it does happen and the attorney is going to be in an uncomfortable position. Just being accused of misrepresenting evidence to the court is a very uncomfortable thing for an attorney.

You might hint to the attorney that you plan to send a copy of the complaint to the state BAR association, asking for relief due to misrepresentation. The attorney won't like that, believe me. If nothing else it will cause the attorney substantial discomfort, time, and money. I've yet to see a complaint filed with the BAR where the attorney didn't hire another attorney to represent her. That attorney doesn't want to risk a black mark on his record. The BAR can fine him, suspend his license, order him to pay you, and whatever else it chooses. There are attorneys who specialize in representing other attorneys before the bar.

Personally, I would go "all out" in attempting to beat those cheaters.

$.02