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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-01-27
Type Civil Collection
Docket 48 entries
Disposition an award of

Docket Entries

  1. Retransmission of Order order denying motion for relief from order The order issued 10/27/23 is retransmitted to include service on the trial court and trial clerk. Judicial Officer: Brown, Elaine B. File Stamp: 10/27/2023
  2. Document Transmitted
  3. Order Issued order denying motion for relief from order Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Relief from Order is untimely and is denied. 2. Appellant's request for an award of additional costs is denied. 3. Appellee's Motion for Leave to Reply is denied as moot. Vaidik, Mathias, Pyle, JJ., concur. Judicial Officer: Brown, Elaine B. Serve: Duvelius, Nathan Serve: FRALISH, JOHN File Stamp: 10/27/2023
  4. Corrected Entry Motion for Leave to file Reply is being unfiled; no appearance for Atty. Rue.
  5. Received Document Rec Motion for Leave to File Reply- Appellee Receive Date: 10/25/23 Appellee's Motion for Leave to Reply - no appearance for Atty. Ruwe; fwd to court; closed case. PostmarkDate: 10/25/2023
  6. Document Transmitted
  7. Appearance (Ruwe) Certificate of Service-Mailed 10/27/23 Attorney: Ruwe, Adam Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC File Stamp: 10/27/2023
  8. Motion for Leave to File Reply to Response Motion for leave to file reply Certificate of Service-Mailed 10/25/23 Attorney: Duvelius, Nathan Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC File Stamp: 10/25/2023
  9. Received Document Receive Date: 10/25/23 Appellee's Reply to Appellant's Opposition to Appellee's Motion for Relief from Order - hold for ruling on motion for leave. PostmarkDate: 10/25/2023
  10. Response in Opposition to Appellee's Motion for Relief From Order- Appellant Certificate of Service- Mailed 10/17/2023 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 10/17/2023
  11. Document Filed Motion for Relief from Order Appellee's Motion for Relief From Order Certificate of Service-Mailed 10/12/23 Attorney: Duvelius, Nathan Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC File Stamp: 10/12/2023
  12. Order Granting Motion to Tax Costs order granting motion to tax costs Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Tax Costs Against Appellee's Argument is granted. 2. This matter is remanded to the trial court for enforcement of the award of costs to Appellant in the amount of $5,671.19, as contemplated by Appellate Rule 67. 3. The Clerk of the Court is directed to send this order to the parties, Judge Cristal Brisco and Senior Judge Michael Bergerson of the St. Joseph Superior Court, and the St. Joseph Circuit and Superior Courts Clerk. 4. The St. Joseph Circuit and Superior Courts Clerk is directed to file this order under Cause Number 71D04- 2210-CC-2508, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Vaidik, Mathias, Pyle, JJ., concur. Judicial Officer: Altice, Robert R. Party: FRALISH, JOHN Serve: Duvelius, Nathan Serve: FRALISH, JOHN File Stamp: 08/25/2023
  13. Document Transmitted
  14. Document Filed Motion to Tax Costs Against Appellees Argument-Appellant Certificate of Service-Mailed 07/27/2023 Attorney: FRALISH, JOHN File Stamp: 07/27/2023
  15. Mail Returned as Undeliverable Recipient: Kyle David Michael Reason: User Unknown Name of Document: Order issued 7/25/23 by Odyssey. Order resent by mail on 7/25/23. Return Date: 07/25/2023
  16. Opinion Certified Serve: Duvelius, Nathan Serve: FRALISH, JOHN Notice Date: 07/25/2023
  17. Document Transmitted
  18. Document Transmitted
  19. Opinion Issued Memorandum Decision MEMORANDUM DECISION Reversed and remanded with instructions, Mathias, J. Vaidik, J., and Pyle, J., concur. Judicial Officer: Mathias, Paul D. Serve: Duvelius, Nathan Serve: FRALISH, JOHN File Stamp: 05/30/2023
  20. Document Transmitted
  21. Case Fully Briefed Oral Argument Requested: No FB Date: 05/08/2023
  22. Transmitted to Court of Appeals
  23. Brief - Appellant Reply Certificate of Service-Mailed 05/03/23 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 05/03/2023
  24. Notice of Defect Issued Appellee's Brief Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC Serve: Duvelius, Nathan Serve: FRALISH, JOHN Issue Date: 04/28/2023
  25. Document Transmitted
  26. Appearance Certificate of Service-Mailed 04/27/23 Attorney: Duvelius, Nathan Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC File Stamp: 04/28/2023
  27. Brief - Appellee Brief - Appellee Certificate of Service-Mailed 04/27/23 Attorney: Duvelius, Nathan Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC File Stamp: 04/28/2023
  28. Notice of Defect Cured Clerk Comments: Appellee's Brief Party: DISCOVER BANK C/O DISCOVER PRODUCTS INC Serve: Duvelius, Nathan Serve: FRALISH, JOHN File Stamp: 04/28/2023
  29. Document Transmitted
  30. Received Document Brief - Appellee Receive Date: 04/27/23 Appellee's Brief. An appearance has not been tendered for N. Duvelius. PostmarkDate: 04/27/2023
  31. Amended Brief - Appellant Certificate of Service-Mailed 03/15/2023 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 03/31/2023
  32. 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 for Leave to File Amended Brief is granted. 2. The Clerk of this Court is directed to file the amended Appellant's Brief received on March 16, 2023, as of the date of this order. 3. The Clerk of this Court is directed to mark as obsolete in the Odyssey Case Management System the version of the Appellant's brief filed on March 3, 2023. 4. Appellee's Brief is due within thirty (30) days of the date of this order. Judicial Officer: Brown, Elaine B. Party: FRALISH, JOHN Serve: DISCOVER BANK C/O DISCOVER PRODUCTS INC Serve: Duvelius, Nathan Serve: FRALISH, JOHN File Stamp: 03/31/2023
  33. Document Transmitted
  34. Appendix Filed Volumes of Appendices: 2 Certificate of Service- Mailed 03/15/2023 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 03/15/2023
  35. Motion to Amend Brief Certificate of Service- Mailed 03/15/2023 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 03/15/2023
  36. Received Document Receive Date: 03/16/2023 Amended Brief- Appellant PostmarkDate: 03/15/2023
  37. Notice of Defect Cured Clerk Comments: Appendix- Appellant Party: FRALISH, JOHN Serve: FRALISH, JOHN File Stamp: 03/15/2023
  38. Document Transmitted
  39. Notice of Defect Issued Appendix- Appellant Party: FRALISH, JOHN Issue Date: 03/15/2023
  40. Document Transmitted
  41. Received Document Receive Date: 03/06/2023 Appendix- Appellant **Lacks separate volume for table of contents; lacks page numbers; lacks verification of accuracy; lacks certificate of service** PostmarkDate: 03/03/2023
  42. Brief - Appellant Certificate of Service- Mailed 03/03/2023 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 03/03/2023
  43. Notice of Completion of Clerk's Record Transcript Not Requested/Not Available Certificate of Service- Electronically Served 02/02/23 File Stamp: 02/02/2023
  44. Notice of Appeal Filed Certificate of Service-Mailed 01/27/23 Attorney: FRALISH, JOHN Party: FRALISH, JOHN File Stamp: 01/27/2023
  45. NOA Service to Trial Court Sent Date: 01/31/2023
  46. Notice Regarding Case Creation Party: FRALISH, JOHN Serve: FRALISH, JOHN Notice Sent: 01/31/2023
  47. Document Transmitted
  48. Document Transmitted

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