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Case Information
Docket Entries
- Acknowledgment of Order Setting Oral Argument Certificate of Service- Electronically Served 05/06/24 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 05/06/2024
- Acknowledgment of Order Setting Oral Argument - Appellee Certificate of Service- Electronically Served 05/06/24 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 05/06/2024
- Order Scheduling Oral Argument Order - Oral Argument The Court has determined the above-captioned case merits oral argument. The argument will be conducted in the Courtroom of the Indiana Supreme Court, 317 Statehouse, 200 West Washington Street, Indianapolis, Indiana on Thursday, June 27, 2024, at 10:00 a.m. Judicial Officer: Rush, Loretta H. Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 05/01/2024
- Document Transmitted
- Transmitted on Transfer (Supreme Court)
- Brief - Reply in Support of Transfer Brief- Reply in Support of Transfer- Appellee Certificate of Service- Electronically Served 02/05/24 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 02/05/2024
- Brief - Response to Transfer Brief- Response to Transfer- Appellant Certificate of Service- Electronically Served 01/26/24 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 01/26/2024
- Order Issued order denying motion for frivolous claim sanctions Having reviewed the matter, the Court finds and orders as follows: Appellant's Motion for Frivolous Claim Sanctions is denied. Riley, Mathias, Crone, JJ., concur. Judicial Officer: Brown, Elaine B. Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 01/19/2024
- Document Transmitted
- Petition to Transfer Petition to Transfer- Appellee Certificate of Service- Electronically Served 01/16/24 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 01/16/2024
- Notice of Defect Cured Clerk Comments:Appellee's Petition for Transfer Party: Wohlt, Christi Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 01/16/2024
- Document Transmitted
- Received Document Receive Date: 01/14/24 Appellee's Petition to Transfer- certificate of service refers to a Petition for Rehearing being served PostmarkDate: 01/14/2024
- Notice of Defect Issued Appellee's Petition to Transfer Party: Wohlt, Christi Serve: Carson, Amy Serve: Dowling, Ralph Issue Date: 01/16/2024
- Document Transmitted
- Response Response to Motion for Sanctions to Motion for Frivolous Claim Sanctions Certificate of Service- Electronically Served 01/10/24 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 01/10/2024
- Document Filed Motion for Sanctions- Appellant Memo in Support of Motion for Claims Sanctions - Appellant Motion for Frivolous Claims Sanctions (Memo in Support) Certificate of Service- Electronically Served 12/27/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 12/27/2023
- Order Issued order denying rehearing Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Leave to File Supplemental Appendix is granted. 2. The Clerk of the Court is directed to file the Appellee's Supplemental Appendix received on November 22, 2023, as of the date of this order. 3. Appellee's Petition for Rehearing is denied. Riley, Mathias, Crone, JJ., concur. Judicial Officer: Altice, Robert R. Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 12/15/2023
- Supplemental Appendix Filed -Appellee's Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 11/22/23 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 12/15/2023
- Document Transmitted
- Brief - Response to Rehearing Brief - Response to Rehearing - Appellant -Appellant Certificate of Service- Electronically Served 12/01/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 12/01/2023
- Order Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion to Withdraw Appearance is granted. 2. The Clerk of the Court is directed to remove from the Clerk's on-line docket Attorney Jacob W. Zigenfus as counsel of record for Appellee. 3. The Clerk of the Court is directed to send this order to the parties and former counsel of record. Riley, Mathias, Crone, JJ., concur. Judicial Officer: Altice, Robert R. Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 11/27/2023
- Document Transmitted
- Document Filed Motion for Leave to File Supplemental Appendix Appellee's Motion for Leave to File Supplemental Appendix Certificate of Service- Electronically Served 11/27/23 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 11/27/2023
- Petition for Rehearing Petition for Rehearing - Appellee -Appellee Certificate of Service-Electronic 11/22/23 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 11/22/2023
- Received Document Receive Date: 11/22/23 Appellee's Supplemental Appendix (Two Volumes) - Motion for Leave not tendered - attorney has been notified. PostmarkDate: 11/22/2023
- Motion to Withdraw Appearance Motion to Withdraw Appearance- Zigenfus- Appellee (Zigenfus) Certificate of Service- Electronically Served 11/10/2023 Party: Wohlt, August File Stamp: 11/10/2023
- Opinion Issued OPINION OPINION Riley, J. - affirm & reverse Crone, J. & Mathias, J. concur Judicial Officer: Riley, Patricia A. Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 10/27/2023
- Document Transmitted
- Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - Three (3) Volumes of Exhibits - Four (4) Volumes of T/C - One (1) Disk Received By-Mailed 9/25/2023 Postmark: 09/22/2023
- Case Fully Briefed Oral Argument Requested: No FB Date: 09/27/2023
- Transmitted to Court of Appeals
- Order Granting Motion to Amend Brief order granting amended brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to File Amended Reply Brief is granted. 2. The Clerk of the Court is directed to file the Appellant's Amended Reply Brief received on September 5, 2023, as of the date of this order. 3. The Clerk of the Court is directed to mark as obsolete in the Odyssey Case Management System Appellant's reply brief that was filed on August 31, 2023. 4. Within five (5) days of the date of this order, the Delaware Circuit Courts Clerk is directed to transmit the transcript and any exhibits from Cause No. 18C01-1507-DR-78 to the Clerk of this Court. 5. The Clerk of this Court is directed to send this order to the parties and the Delaware Circuit Courts Clerk. Judicial Officer: Altice, Robert R. Party: Wohlt, August Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 09/18/2023
- Document Transmitted
- Amended Brief - Appellant Reply Brief - Amended Appellant Reply Certificate of Service- Electronically Served 09/05/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 09/18/2023
- Motion to Amend Brief Motion to File Amended Reply Brief (Reply Brief) Certificate of Service- Electronically Served 09/05/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 09/05/2023
- Received Document Brief - Amended Appellant Reply Receive Date: 09/05/23 Appellant's Amended Reply Brief - pending ruling on motion to amend. PostmarkDate: 09/05/2023
- Brief - Appellant Reply Certificate of Service- Electronically Served 08/31/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 08/31/2023
- Trial Court Clerk Notified to Transmit Transcript Date Sent: 09/01/2023
- Document Transmitted
- Brief and Appendix - Appellee Brief - Appellee Volumes of Appendix: Two (2) **Appendices were labeled as Appellant's Appendix-accepted by Clerk for the Appellee** Certificate of Service- Electronically Served 08/17/23 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 08/17/2023
- Order Granting Motion for Extension of Time To File Brief order granting appellee's motion for extension of time, final Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Extension of Time in which to File Appellee's Brief is granted as a final extension. 2. Appellee's Brief is due on August 17, 2023. Judicial Officer: Altice, Robert R. Party: Wohlt, Christi Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 06/06/2023
- Document Transmitted
- Notice Notice of Lack of Objection Certificate of Service- Electronically Served 06/02/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 06/02/2023
- Appearance (Carson, Zigenfus) Certificate of Service- Electronically Served 06/02/23 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 06/02/2023
- Received Document Receive Date: 06/02/23 Duplicate copy of Appellee's Motion for Extension. PostmarkDate: 06/02/2023
- Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 06/01/23 Attorney: Carson, Amy Party: Wohlt, Christi File Stamp: 06/02/2023
- Notice of Defect Cured Clerk Comments: Motion for Extension Party: Wohlt, Christi Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 06/02/2023
- Document Transmitted
- Received Document Motion for Extension Receive Date: 06/01/23 Motion for Extension of Time in Which to File Appellee's Brief. Amy Carson and Jacob Zigenfus have not appeared in this case. PostmarkDate: 06/01/2023
- Notice of Defect Issued Motion for Extension Party: Wohlt, Christi Serve: Carson, Amy Serve: Dowling, Ralph Issue Date: 06/01/2023
- Document Transmitted
- Received Document Receive Date: 05/18/23 Appellant's Brief. The certificate of service has not been updated to reflect service of corrected document. Defect has not been cured. PostmarkDate: 05/18/2023
- Notice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Brief. The certificate of service has not been updated to reflect service of corrected document. Defect has not been cured. Party: Wohlt, August Serve: Dowling, Ralph Issue Date: 05/19/2023
- Document Transmitted
- Brief - Appellant Brief - Appellant Brief - Appealed Order Certificate of Service- Electronically Served 05/19/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 05/19/2023
- Notice of Defect Cured Clerk Comments: Appellant's Brief Party: Wohlt, August Serve: Dowling, Ralph File Stamp: 05/19/2023
- Document Transmitted
- Received Document Receive Date: 05/17/23 Appellant's Brief. Brief lacks the appealed order. PostmarkDate: 05/17/2023
- Appendix Filed Volumes of Appendices: 3 Certificate of Service- Electronically Served 02/25/22, as stated Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 05/17/2023
- Notice of Defect Issued Appellant's Brief Party: Wohlt, August Serve: Dowling, Ralph Issue Date: 05/18/2023
- Document Transmitted
- Received Document Receive Date: 05/18/23 Appealed Order. The brief must be re-tendered with the order as an attachment. Defect has not been cured. PostmarkDate: 05/18/2023
- Notice of Defect Not Cured Letter Issued Clerk Comments: Appealed Order (for Appellant's Brief). The brief must be re-tendered with the order as an attachment. Defect has not been cured. Party: Wohlt, August Serve: Dowling, Ralph Issue Date: 05/18/2023
- Document Transmitted
- Order Issued order granting appellant's motion to file oversized brief and for extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Leave to File Oversized Brief is granted in part. 2. Appellant may file a brief that contains no more than 18,000 words. 3. Appellant's Second Verified Motion for Extension of Time is granted as a final extension. 4. Appellant's brief shall be filed on or before May 17, 2023. May, Robb, JJ., Shepard, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Carson, Amy Serve: Dowling, Ralph Serve: Wohlt, Christi File Stamp: 04/10/2023
- Document Transmitted
- Note The order issued 4/10/23 was served on Appellee by Trial Counsel only. No address was provided.
- Motion for Extension of Time to File Brief Second Motion for Extension of Time - Appellant Certificate of Service- Electronically Served 04/04/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 04/04/2023
- Motion to File Oversized Document Motion to File Oversized Brief Certificate of Service- Electronically Served 03/31/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 03/31/2023
- Note The order issued 2/21/23 was served on the Appellee by trial counsel only because no address was provided.
- Order Granting Motion for Extension of Time To File Brief order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Extension of Time is granted in part. 2. Appellant's brief shall be filed on or before April 17, 2023. Judicial Officer: Altice, Robert R. Party: Wohlt, August Serve: Carson, Amy Serve: Dowling, Ralph Serve: Wohlt, Christi File Stamp: 02/21/2023
- Document Transmitted
- Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief - Appellant Certificate of Service- Electronically Served 02/16/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 02/16/2023
- Received Document Receive Date: 02/14/23 Motion for Extension of Time; Motion is premature - Notice of Completion of Transcript not yet filed. Courtesy call to attorney's office to advise. PostmarkDate: 02/14/2023
- Notice of Completion of Transcript Certificate of Service- Electronically Served 02/15/23 File Stamp: 02/15/2023
- Order Granting Motion to Compel Transcript order granting motion to compel transcript Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Compel Court Reporter to File Transcript is granted. 2. Within ten (10) days of the date of this order, Court Reporter Malia Braun shall complete and file the transcript and any exhibits for Cause Number 18C01-1507-DR-78 with the Delaware Circuit Courts Clerk. 3. Within five (5) days of the date the transcript and exhibits are filed, the Delaware Circuit Courts Clerk is directed to serve a Notice of Completion of Transcript upon the Clerk of this Court and the parties. 4. Appellant's brief and appendix shall be due no later than thirty (30) days from the date the Notice of Completion of Transcript is served. 5. The Clerk of this Court is directed to send this order to the parties, the trial court, Court Reporter Malia Braun, and the Delaware Circuit Courts Clerk. 6. The Delaware Circuit Courts Clerk is directed to file this order under Cause Number 18C01-1507-DR-78, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Judicial Officer: Altice, Robert R. Party: Wohlt, August Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 01/31/2023
- Note The order issued 1/31/23 was served on the Appellee by trial counsel only because no address was provided.
- Document Transmitted
- Motion to Compel Court Reporter to Prepare Transcript Motion to Compel Court Reporter to File Transcript - Appellant Certificate of Service- Electronically Served 01/23/23 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 01/23/2023
- Order Granting Court Reporter's Motion for Extension of Time order granting ct reporter extension Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file the Verified Motion for Extension of Time to Complete Transcript as of the date of this order. 2. The Verified Motion for Extension of Time to Complete Transcript is granted as a final extension. 3. The transcript is due within fifteen (15) days of the date of this order. 4. The Clerk of the Court is directed to send this order to the parties and Court Reporter Malia K. Braun. Judicial Officer: Bradford, Cale J. Serve: Carson, Amy Serve: Dowling, Ralph File Stamp: 12/30/2022
- Note Appellee was served by trial counsel only as no address was provided.
- Court Reporter's Motion for Extension of Time Certificate of Service- Electronically Served 12/29/22 File Stamp: 12/30/2022
- Document Transmitted
- Received Document Receive Date: 12/29/22 Court Reporter's Verified Motion for Extension of Time to Complete Transcript; Motion appears to be untimely. PostmarkDate: 12/29/2022
- Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 11/15/22 File Stamp: 11/15/2022
- Notice of Appeal Filed Certificate of Service- Electronically Served 11/11/22 Attorney: Dowling, Ralph Party: Wohlt, August File Stamp: 11/11/2022
- NOA Service to Trial Court Sent Date: 11/14/2022
- Document Transmitted
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