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Indiana appeal court

Indiana

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Case Information

Filed 2023-03-21
Type Dc
Docket 79 entries
Disposition affirmed

Docket Entries

  1. Opinion Certified Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie Notice Date: 05/09/2024
  2. Document Transmitted
  3. Opinion Issued Memorandum Decision Memorandum Decision Affirmed - Felix, J. Bailey, J., and May, J., concur. Judicial Officer: Felix, Paul A. Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 03/13/2024
  4. Document Transmitted
  5. Order Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. Counsel for Appellant's Motion to Withdraw Representation of a Party is granted. 2. The Clerk of the Court is directed to remove from the Clerk's docket Attorney Brayton C. Conley as counsel of record for Appellant. 3. The Clerk of the Court is directed to send this order to the parties and former counsel of record. Judicial Officer: Altice, Robert R. Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 02/15/2024
  6. Document Transmitted
  7. Motion to Withdraw Appearance Motion to Withdraw Appearance - Attorney B.Conley Motion to Withdraw Appearance - Attorney B.Conley (Attachment) Attorney B.Conley - Certificate of Service- Electronically Served 02/08/24 Party: Schembra, Sean File Stamp: 02/08/2024
  8. 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 Amend Appellant's Brief with Supplemental Citations is granted. 2. The Clerk of this Court is directed to file, as of the date of this order, Appellant's Amended Brief received on November 30, 2023. All panel judges concur. Judicial Officer: Brown, Elaine B. Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 01/17/2024
  9. Document Transmitted
  10. Amended Brief - Appellant Brief - Appellant (Amended) Certificate of Service- Electronically Served 11/30/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 01/17/2024
  11. Received from Trial Court/Agency Clerk Volumes of Exhibits - One (1) *conventional volume* Received By-Hand Delivered 12/19/2023 Postmark: 12/19/2023
  12. Case Fully Briefed Oral Argument Requested: No FB Date: 12/21/2023
  13. Transmitted to Court of Appeals
  14. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - Two (2) Volumes of Exhibits - One (1) Volumes of T/C - One (1) Received Electronically 12/18/2023 Postmark: 12/18/2023
  15. Received Document Receive Date: 12/18/2023 Received electronic version of conventional media exhibit volume PostmarkDate: 12/18/2023
  16. Trial Court Clerk Notified to Transmit Transcript Date Sent: 12/18/2023
  17. Document Transmitted
  18. Order Holding Motion in Abeyance order holding motion to amend brief in abeyance Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Leave to Amend Appellant's Brief with Supplemental Citations is held in abeyance to be addressed by the writing panel to which this case is assigned. 2. Personnel in the Office of the Administrator are directed to mark the docket to bring this order and Appellant's Motion for Leave to Amend Appellant's Brief with Supplemental Citations to the attention of the writing panel to which this case is assigned. 3. This case is fully briefed and is ready to be transmitted to a writing panel for disposition. Judicial Officer: Altice, Robert R. Motion From: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 12/15/2023
  19. Document Transmitted
  20. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 12/01/23 (as stated) Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 11/30/2023
  21. Document Filed in Error Letter Issued Clerk Comments: Motion to Amend Appellant's Brief Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie Sent: 11/30/2023
  22. Received Document Receive Date: 11/30/23 Appellant's Motion to Amend Appellant's Brief & Amended Appellant's Brief - Certificate of service in motion is not dated and certificate of service is amended brief has not been updated. PostmarkDate: 11/30/2023
  23. Document Transmitted
  24. Notice of Defect Issued Motion to Amend Appellant's Brief & Appellant's Amended Brief Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie Issue Date: 11/30/2023
  25. Document Transmitted
  26. Motion to Amend Brief Motion to Amend Appellant's Brief Certificate of Service- Electronically Served 11/30/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 11/30/2023
  27. Received Document Brief - Appellant (Amended) Receive Date: 11/30/23 Appellant's (Corrected) Amended Brief - pending ruling on motion to amend. PostmarkDate: 11/30/2023
  28. Notice of Defect Cured Clerk Comments: Motion to Amend Appellant's Brief & Appellant's Amended Brief Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 11/30/2023
  29. Document Transmitted
  30. Brief - Appellee Brief - Appellee Certificate of Service- Electronically Served 11/16/23 Attorney: Ricafort, Nissa Party: Schembra, Delanie File Stamp: 11/16/2023
  31. Received Document Receive Date: 10/16/2023 Copy of Appellants Brief and Miscellaneous Attachments- Tendered by Marion County Clerks Office PostmarkDate: 10/13/2023
  32. Appendix Filed *Supplemental* Volumes of Appendices: 2 Certificate of Service- Electronically Served 10/04/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 10/18/2023
  33. Order Denying Motion to Dismiss order denying motion to dismiss Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion for Involuntary Dismissal of Appeal is denied. 2. The Clerk of the Court is directed to file Appellant's "Supplemental Appendix" as of the date of this order. 3. Appellee's brief is due within thirty (30) days of the date of this order. 4. Personnel in the Office of the Administrator are directed to mark the docket to bring this order to the attention of the writing panel to which this case is assigned. Judicial Officer: Altice, Robert R. Party: Schembra, Delanie Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 10/18/2023
  34. Document Transmitted
  35. Order Issued order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Verified Motion for Extension of Time to File Brief of Appellee is granted. 2. The briefing schedule for this appeal is stayed pending the Court's ruling on Appellee's Motion for Involuntary Dismissal of Appeal. 3. The order ruling on Appellee's Motion for Involuntary Dismissal of Appeal will establish a new briefing schedule, if necessary. Judicial Officer: Altice, Robert R. Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 10/13/2023
  36. Document Transmitted
  37. Response to Motion to Dismiss Response to Motion to Dismiss Certificate of Service- Electronically Served 10/09/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 10/09/2023
  38. Notice of Defect Cured Clerk Comments: Response to Motion to Dismiss Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 10/09/2023
  39. Received Document Receive Date: 10/09/23 Duplicate copies of Appellant's Supplemental Appendix. PostmarkDate: 10/09/2023
  40. Document Transmitted
  41. Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief of Appellee Certificate of Service- Electronically Served 10/10/23 Attorney: Ricafort, Nissa Party: Schembra, Delanie File Stamp: 10/10/2023
  42. Received Document Receive Date: 10/05/23 Appellant's Supplemental Appendix (2) AND Objection to Appellee's Motion for Involuntary Dismissal of Appeal. The motion lacks page numbers and a certificate of service. PostmarkDate: 10/05/2023
  43. Notice of Defect Issued Response to Motion to Dismiss Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie Issue Date: 10/06/2023
  44. Document Transmitted
  45. Motion to Dismiss Motion to Dismiss Appeal- Appellee Certificate of Service- Electronically Served 09/28/23 Attorney: Ricafort, Nissa Party: Schembra, Delanie File Stamp: 09/28/2023
  46. Brief - Appellant Brief - Appellant Certificate of Service- Electronically Served 09/19/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 09/19/2023
  47. Notice of Completion of Transcript Certificate of Service- Electronically Served 08/21/23 File Stamp: 08/21/2023
  48. 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 Verified Motion for Extension of Time to File Transcript is granted as a final extension. 2. The transcript is due within seven (7) days of the date of this order. 3. The Clerk of the Court is directed to send this order to the parties and Court Reporter Ronda Johnson. Judicial Officer: Altice, Robert R. Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 08/10/2023
  49. Document Transmitted
  50. Court Reporter's Motion for Extension of Time Certificate of Service- Electronically Served 08/07/23 File Stamp: 08/07/2023
  51. Order Granting Motion to Compel Transcript order granting motion to compel transcript Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of this Court is directed to file, as of the date of this order, Appellant's Verified Motion to Compel Completion of Transcript. 2. Appellant's Verified Motion to Compel Completion of Transcript is granted. 3. Within ten (10) days of the date of this order, Court Reporter Ronda Johnson is ordered to complete and file the transcript and any exhibit volumes from Cause Number 49D09-1705-DC-19401 with the Marion Circuit and Superior Courts Clerk. 4. Within five (5) days of the date the transcript is filed, the Marion Circuit and Superior Courts Clerk is directed to file a Notice of Completion of Transcript with the Clerk of this Court and to serve a copy of the Notice on the parties. 5. The Clerk of this Court is directed to send this order to the parties, Court Reporter Johnson, the trial court, and the Marion Circuit and Superior Courts Clerk. 6. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49D09-1705-DC-19401, 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: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 07/28/2023
  52. Motion to Compel Court Reporter to Prepare Transcript Motion to Compel Completion of Transcript Certificate of Service- Electronically Served 07/25/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 07/28/2023
  53. Document Transmitted
  54. Received Document Motion to Compel Completion of Transcript Receive Date: 07/25/23 Motion to Compel Completion of Transcript - appears to be untimely PostmarkDate: 07/25/2023
  55. Amended Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 06/09/23 File Stamp: 06/09/2023
  56. Amended Notice of Appeal Filed Certificate of Service- Electronically Served 06/05/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 06/05/2023
  57. NOA Service to Trial Court Sent Date: 06/05/2023
  58. Document Transmitted
  59. Order Issued order accepting response to show cause Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Response to Rule to Show Cause for Payment Arrangements Pursuant to Ind. App. Rule 9(H) is accepted. 2. The Court's May 8, 2023 order to show cause is discharged. 3. Within thirty (30) days of the date of this order, Court Reporter Ronda Johnson is directed to prepare and file the transcript and any exhibits from Cause Number 49D09-1705-DC-19401 with the Marion Circuit and Superior Courts Clerk 4. Within five (5) days of the date the transcript is filed, the Marion Circuit and Superior Courts Clerk shall file a Notice of Completion of Transcript with the Clerk of this Court and serve a copy of the Notice on the parties. 5. Appellant's brief and appendix are due no later than thirty (30) days from the date the Notice of Completion of Transcript is served. See App. R. 45(B)(1)(b). 6. The Clerk of this Court is directed to send this order to the parties, Special Judge Geoffrey A. Gaither of Marion Superior Court 9, Court Reporter Ronda Johnson, and the Marion Circuit and Superior Courts Clerk. 7. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 45D09-1705-DC-19401 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. Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 05/19/2023
  60. Document Transmitted
  61. Response to Show Cause Response to Show Cause Response to Show Cause - Attachment Certificate of Service- Electronically Served 05/16/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 05/16/2023
  62. Notice of Defect Cured Clerk Comments: Response to Show Cause Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 05/16/2023
  63. Document Transmitted
  64. Received Document Receive Date: 05/15/23 Appellant's Response to Rule to Show Cause for Payment Arrangements Pursuant to Ind. App. Rule 9(H). The certificate of service does not specify the date of service PostmarkDate: 05/15/2023
  65. Document Filed in Error Letter Issued Clerk Comments: Response to Show Cause Party: Schembra, Sean Serve: Sprunger, Cory Serve: Williamson, Natalie Sent: 05/16/2023
  66. Document Transmitted
  67. Notice of Defect Issued Response to Show Cause Party: Schembra, Sean Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie Issue Date: 05/16/2023
  68. Document Transmitted
  69. Corrected Entry Appearance should reflect that both attorneys, Nissa Ricafort and Austin Robbins, filed an Appearance.
  70. Appearance Certificate of Service- Electronically Served 05/05/23 Attorney: Ricafort, Nissa Attorney: Robbins, Austin Party: Schembra, Delanie File Stamp: 05/05/2023
  71. Order Granting Court Reporter's Motion for Extension of Time order to show cause appellant Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion for Extension of Time to File Transcript is granted in part. 2. The Court Reporter's obligation to file a transcript for this appeal is stayed pending further order of this Court. 3. Within ten (10) days of the date of this order, Appellant is ordered to show cause by filing with this Court evidence that appropriate payment arrangements have been made with the Court Reporter for the preparation of the transcript. 4. Failure to comply with this order may result in the dismissal of this appeal. 5. The Clerk of the Court is directed to send this order to the parties, the trial court, Court Reporter Ronda Johnson, and the Marion Circuit and Superior Courts Clerk. 6. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49D09-1705-DC-19401, 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. Serve: Ricafort, Nissa Serve: Robbins, Austin Serve: Sprunger, Cory Serve: Williamson, Natalie File Stamp: 05/08/2023
  72. Document Transmitted
  73. Court Reporter's Motion for Extension of Time Certificate of Service- Electronically Served 05/05/23 File Stamp: 05/05/2023
  74. Appearance Certificate of Service- Electronically Served 05/05/23 Attorney: Ricafort, Nissa Party: Schembra, Delanie File Stamp: 05/05/2023
  75. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 03/29/23 File Stamp: 03/29/2023
  76. Notice of Appeal Filed Certificate of Service- Electronically Served 03/21/23 Attorney: Sprunger, Cory Attorney: Williamson, Natalie Party: Schembra, Sean File Stamp: 03/21/2023
  77. NOA Service to Trial Court Sent Date: 03/22/2023
  78. Received Document Receive Date: 03/21/23 Appearance for C. Sprunger, B. Conley, and N. Williamson. The certificate of service does not specify the method of service or the date of service. Appearance is not necessary as the notice of appeal serves as the appearance. PostmarkDate: 03/21/2023
  79. Document Transmitted

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