Argyelan v. Haviland

I must respectfully dissent from the majority opinion, although I wholeheartedly agree that the Havilands’ petition to transfer should be granted. Unlike the majority, however, I would address that petition on its merits, reverse and vacate the decision of the Second District Court of Appeals found at Argyelan v. Haviland, (1981) Ind.App., 418 N.E.2d 569 (Sullivan, J., dissenting), and reinstate the judgment and $7,500 in damages which the trial court awarded the Havilands.

As it is, this jurisdiction is today presented with a rule of law and result so inimical to any sense of justice, be it…