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ATTORNEYS FOR APPELLANT Duane Snow Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE John Wray Fort Wayne, Indiana

In the

Indiana Supreme Court
No. 02S03-0812-CV-00762 RUDRAPPA G UNASHEKAR and JAYASHREE G UNASHEKAR,

FILED
Oct 27 2009, 1:32 pm
of the supreme court, court of appeals and tax court

CLERK

Appellants (Defendants below), v. KAY GROSE D/B/A AMERICA' S AFFORDABLE HOUSING, J & K MANUFACTURING, Appellee (Plaintiff below) .

Appeal from the Allen Superior Court, No. 02D01-0509-CC-1274 The Honorable Nancy Eshcoff Boyer, Judge On Petition to Transfer from the Indiana Court of Appeals, No. 02A03-0712-CV-00614

October 27, 2009 Shepard, Chief Justice. 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.

Facts and Procedural History Rudrappa Gunashekar hired Kay Grose d/b/a America's Affordable Housing, J&K Manufacturing to repair fire damage to property they leased and had insured. After Grose had completed the work, Rudrappa Gunashekar refused to pay from his insurance proceeds. Grose sued for the balance of the agreed price. She also alleged that Mr. Gunashekar had forged her name on the back of the insurance check and had written a check to her which was returned unpaid.

Attorney George Martin appeared on behalf of the Gunashekars. He filed their answer and counterclaim and represented them at a pretrial conference on March 12, 2007. A resulting pretrial order set the case for trial on July 31 and August 1, 2007. In that order the court stated, No removals or continuances of any settings or deadlines are permitted. (Appellee's App. at 1

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