First Female Winemaker Set to Make Small Business Law-
Battle Signaled The Start of Today's Banking Crisis.
Lost Wine, Fraud, Constitutional Rights, Contract Breaches Cloud Court
Indianapolis, Indiana-Angee Walberry is a social worker who served AIDS and Alzheimer patients at Indiana University for 18 years. During that time, she also became the first female owned and operated winery in the country.
"Starting Gaia Wines in 1995 was a positive challenge of determination that rose to international success. We made incredible strides over eight years to have it destroyed in eight weeks. Why would a bank's signature and promise not be as valid as ours?" Walberry commented.
For the past five years Gaia Wines, Inc. and Walberry have been in a bitter, sad, unfair fight with the bank (and their legal associates) that closed Walberry’s winery down with virtually no warning and effectively no appropriate authority. Since those first actions five years ago, the bank has continued to breach their written commitments.
The battle is now set to make law in the Indiana Court of Appeals.
Today, the Court Merit Board declined to rule on the Bank's Motion to Dismiss the Appeal. The bank argued that Walberry did not have a right to Appeal the lower court's ruling, upholding a mediation agreement that the bank breached on multiple occasions. Breaches included failing to provide a court ordered accounting of assets and application of proceeds. Despite an order by the court made in 2003, to date, no full or accurate accounting has been provided. While no clear records have been made available, it is believed the bank secured only three cents on the dollar, disposing of inventory and equipment in a reckless and commercially unreasonable manner. Additionally, hundreds of gallons of wine were dumped due to bank neglect.
Following the well publicized $65 million dry cleaner pants case, Walberry is seeking assistance in the struggle with big business, banking and an Indiana law firm.
The site, www.givetogaia.com has been set up to keep status updated, educate the business arena, women owners, and bank customers while garnering support for Walberry to see the fraud, perjury and breach of contract of the bank corrected. Walberry is pouring her life savings into the conflict. The winery was to be her passion until retirement. New laws and case studies will potentially be made, which can assist small business in the future, without the devastation Gaia Wines and Walberry have faced.
As the bank's attorney said, '...we do this all the time; roll over people and businesses..."
More about Gaia Wines, Inc.
Gaia Wines, Inc was started in 1995 by Angee Walberry and Margaret Broderick. During their 8 years of operation, the winery had double digit annual growth, was a two time finalist for the prestigious Ernst and Young Entrepreneur of the Year Award, and was the first winery in Indiana to have out of state distribution and exporting. Walberry produced 15 award winning wines on site in Indianapolis. By 2003, Gaia Wines had visitors from every continent. Broderick wrote about the first part of the struggle in Passion v Arrogance: A Dana and Goliath Story of Wine, Women and Wrong!
