On November 16, 2011, Michael Einterz, Jr., of Einterz & Einterz presented oral argument to the Indiana Supreme Court in the matter of R.L. Turner Corp. v. Town of Brownsburg.  The matter was before the Supreme Court on a transfer petition from the Indiana Court of Appeals. After the Hendricks Superior Court entered judgment for the Town of Brownsburg, the court granted the Town's petition for attorney's fees. The Court of Appeals affirmed, concluding the judgment's award of "Costs to be assessed" included an award of attorney's fees for frivolous litigation with the amount to be determined at a later date. R.L. Turner Corp. v. Town of Brownsburg, 949 N.E.2d 372 (Ind. Ct. App. 2011), vacated. The opinion also states that "a petition for attorney's fees may be filed by the prevailing party no later than sixty days after final judgment has been rendered." Id. at 382. 

R.L. Turner, represented by Einterz & Einterz objected to the untimely and arbitrary award of attorney fees. The Supreme Court requested that the parties present oral arguments on the issues. An Opinion on the matter is expected in 2012. 

Video of the Argument