Appeals Court Dismisses Claim by Gambler’s Spouse

In a procedural ruling announced in early March, the U.S. Court of Appeals for the Seventh Circuit dismissed an appeal by the spouse of an alleged compulsive gambler who sought to exclude the gambler from an Indiana casino.  In Brown v. Argosy Gaming Co., L.P. (No. 03-1280), the court ruled that the spouse had not appealed a final judgment so there was nothing for the court to decide.

Johnnie Brown alleged that Argosy Casino & Hotel in Lawrenceburg, Ind., negligently failed to honor her request to bar her husband from gambling. The complaint said his gambling losses caused utility bills to go unpaid and worsened her health. The trial court denied Brown's request for a preliminary injunction and dismissed the case without prejudice to trying an amended complaint.      

Despite contradictory statements in other appellate papers filed, Brown’s brief asked only that the federal court certify to the Indiana Supreme Court the question of whether she had a cause of action for negligent failure to exclude her spouse. That issue cannot be appealed, according to Judge Ilana Rovner, who wrote for the unanimous federal panel. Brown had not appealed the denial of her preliminary injunction request, which was appealable. Finally, since the trial court had dismissed the complaint without prejudice, that ruling also was not final for appeal purposes.