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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-03-27
Type Guardianship
Docket 52 entries
Disposition dismiss

Docket Entries

  1. Opinion Certified Serve: Nelson, Casandra Serve: O'Farrell, Thomas Notice Date: 05/22/2024
  2. Document Transmitted
  3. Opinion Issued Memorandum Decision MEMORANDUM DECISION Kenworthy, J., Reverse Altice, C.J., Concur Weissmann, J., Concur Judicial Officer: Kenworthy, Dana J. Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 03/26/2024
  4. Document Transmitted
  5. Order Issued order granting in part motion to strike Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Strike is granted in part. 2. Appellee's Motion to Strike is granted with regard to the statements identified in the Motion to Strike as 4a, 4c, 4d, 4m, 4n, and 4x. 3. Appellee's Motion to Strike is granted in part with regard to the statements identified in the Motion to Strike as 4h, 4t, 4y, and 4cc to the extent they reference when Appellant moved business offices. 4. Appellee's Motion to Strike is granted in part with regard to the statements identified as 4j, 4p, 4t, 4y, 4z, 4aa, 4dd, 4ee, and 4hh as to the use of the word "defunct" to describe Appellant's business office address at The Pyramids. 5. Appellee's Motion to Strike is denied in all other aspects. Altice, C.J., Weissmann, Kenworthy, JJ., concur. Judicial Officer: Altice, Robert R. Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 03/26/2024
  6. Document Transmitted
  7. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service-Mailed 10/06/23 Attorney: O'Farrell, Thomas Party: McClure O'Farrell, Heather File Stamp: 10/06/2023
  8. Appendix Filed Volumes of Appendices: Three (3) Certificate of Service- Electronically Served 08/09/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 08/09/2023
  9. Pursuant to App.R. 23(D), Parties Notified of Filing Clerk Comments: Appellee's Appendix tendered 08/09/23 - was previously marked as received in error due to briefing schedule being stayed; Appendix should have been filed. Party: Estate of George Baker Drake Serve: Nelson, Casandra Serve: O'Farrell, Thomas Sent Date: 10/06/2023
  10. Trial Court Clerk Notified to Transmit Transcript Date Sent: 10/06/2023
  11. Document Transmitted
  12. Document Transmitted
  13. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - Two (2) Volumes of T/C - One (1) Received Electronically 10/06/23 Postmark: 10/06/2023
  14. Case Fully Briefed Oral Argument Requested: No FB Date: 10/06/2023
  15. Transmitted to Court of Appeals
  16. Brief - Appellee Brief - Appellee Certificate of Service- Electronically Served 09/25/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 09/25/2023
  17. Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 09/20/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 09/20/2023
  18. Reply Reply in Support of Motion to Dismiss Appellee's Reply to Appellant's Objection and Response to Appellee's Motion to Dismiss Certificate of Service- Electronically Served 08/11/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 08/28/2023
  19. Response Objection and Response to Appellee s Motion for Leave to File Reply (and Objection) to Appellee's Motion for Leave to File Reply Certificate of Service- Electronically Served 08/25/23 Attorney: O'Farrell, Thomas Party: McClure O'Farrell, Heather File Stamp: 08/25/2023
  20. Notice of Defect Cured Clerk Comments: Response to Motion to Dismiss Party: McClure O'Farrell, Heather Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 08/22/2023
  21. Document Transmitted
  22. Order Issued order denying motion to dismiss Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Leave to File Reply to Objection and Response to Motion to Dismiss is granted. 2. The Clerk of this Court is directed to file, as of the date of this order, Appellee's Reply to Appellant's Objection and Response to Appellee's Motion to Dismiss received on August 11, 2023. 3. To the extent Appellee seeks to strike portions of Appellant's Objection and Response to Motion to Dismiss, Appellee's Motion to Strike is denied. 4. To the extent Appellee seeks to strike portions of Appellant's Brief, the Motion to Strike is held in abeyance to be addressed by the writing panel to which this case is assigned. 5. Appellee's Motion to Dismiss Appeal is denied. 6. Appellee's Brief is due within thirty (30) days of the date of this order. 7. Personnel in the Office of the Administrator are directed to mark the docket to bring this order and Appellee's Motion to Strike to the attention of the writing panel to which this case is assigned. Crone, Foley, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 08/28/2023
  23. Document Transmitted
  24. Response to Motion to Dismiss Response to Motion to Dismiss Certificate of Service- Electronically Served 08/22/23 Attorney: O'Farrell, Thomas Party: McClure O'Farrell, Heather File Stamp: 08/22/2023
  25. Motion for Leave to File Reply to Response Motion for Leave to File Reply Appellee's Motion for Leave to File Reply to Appellant's Objection and Response to Appellee's Motion to Dismiss Certificate of Service- Electronically Served 08/11/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 08/22/2023
  26. Note The Defect that was issured on 8/10/23, was for the response to Motion to Dismiss, not a response to motion for interlocutory appeal.
  27. Received Document Motion for Leave to File Reply Reply in Support of Motion to Dismiss Receive Date: 08/11/23 Appellee's Motion for Leave to File Reply to Appellant's Objection and Response to Appellee's Motion to Dismiss AND Reply to Appellant's Objection and Response to Appellee's Motion to Dismiss. Holding pending filing of response to motion to dismiss. PostmarkDate: 08/11/2023
  28. Notice of Defect Cured Clerk Comments: Reply to Motion to Dismiss Party: Estate of George Baker Drake Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 08/11/2023
  29. Document Transmitted
  30. Motion to Strike Motion to Strike Certificate of Service- Electronically Served 08/11/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 08/11/2023
  31. Note The Notice of Defect, issued on 08/10/23, was for a response to motion to dismiss.
  32. Received Document Receive Date: 08/11/23 Appellee's Reply to Appellant's Objection and Response to Appellee Motion to Dismiss. The Response has not been filed. Also, the reply was tendered without a motion for leave to reply and lacks page numbers. Attorney has been notified. PostmarkDate: 08/11/2023
  33. Notice of Defect Issued Reply in Support of Motion to Dismiss Party: Estate of George Baker Drake Serve: Nelson, Casandra Serve: O'Farrell, Thomas Issue Date: 08/11/2023
  34. Document Transmitted
  35. Received Document Receive Date: 08/09/23 Appellee's Appendix - briefing schedule stayed, hold for instruction from Court. See Courts 08/04/23 order. PostmarkDate: 08/09/2023
  36. Received Document Receive Date: 08/09/23 Objection and Response to Appellee's Motion to Dismiss. The document is over the page limit and lacks a word count certificate. PostmarkDate: 08/09/2023
  37. Notice of Defect Issued Response to Motion for Interlocutory Appeal Party: Estate of George Baker Drake Serve: O'Farrell, Thomas Issue Date: 08/10/2023
  38. Document Transmitted
  39. Order Issued order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's First Motion for Extension of Time is granted in part. 2. The briefing schedule for this appeal is stayed pending the Court's ruling on Appellee's Motion to Dismiss. 3. The order ruling on Appellee's Motion to Dismiss Appeal will establish a new briefing schedule, if necessary. Judicial Officer: Altice, Robert R. Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 08/04/2023
  40. Document Transmitted
  41. Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief- Appellee Certificate of Service- Electronically Served 08/01/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 08/01/2023
  42. Motion to Dismiss Motion to Dismiss - Appellee Certificate of Service- Electronically Served 07/27/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 07/27/2023
  43. Brief and Appendix - Appellant Brief - Appellant Brief - Order on Mot to Reduce to Judgment Brief - Order on Acct and Hrng to Show C Volumes of Appendix: Two (2) Certificate of Service-Mailed 07/12/23 Attorney: O'Farrell, Thomas Party: McClure O'Farrell, Heather File Stamp: 07/12/2023
  44. 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 to File Appellant's Brief is granted. 2. Appellant's Brief is due on July 12, 2023. Judicial Officer: Altice, Robert R. Party: McClure O'Farrell, Heather Serve: Nelson, Casandra Serve: O'Farrell, Thomas File Stamp: 05/30/2023
  45. Document Transmitted
  46. Motion for Extension of Time to File Brief Motion for extension of time to file appellants brief Certificate of Service- Electronically Served 05/26/23 Attorney: O'Farrell, Thomas Party: McClure O'Farrell, Heather File Stamp: 05/26/2023
  47. Notice of Completion of Transcript Certificate of Service- Electronically Served 05/12/23 File Stamp: 05/12/2023
  48. Appearance Certificate of Service-Mailed to Tricia Drake, all others by e-service on 05/02/23 Attorney: Nelson, Casandra Party: Estate of George Baker Drake File Stamp: 05/02/2023
  49. Notice of Completion of Clerk's Record Transcript Not Yet Completed Method of Service Not Provided/Not Specified 03/28/23 File Stamp: 03/28/2023
  50. Notice of Appeal Filed Certificate of Service-Mailed 03/27/23 Attorney: O'Farrell, Thomas Party: McClure O'Farrell, Heather File Stamp: 03/27/2023
  51. NOA Service to Trial Court Sent Date: 03/27/2023
  52. Document Transmitted

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