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Indiana appeal court

Indiana

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Case Information

Filed 2022-10-27
Type Civil Collection
Docket 26 entries
Disposition appeal is dismissed

Docket Entries

  1. Order Granting Motion to Dismiss Appeal order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Corrected Verified Motion to Remand is granted. 2. Pursuant to Appellate Rule 37(B), this appeal is dismissed without prejudice and is remanded to the Hamilton Superior Court so that Appellee can voluntarily move to set aside the trial court's judgment and/or order denying Appellant's Motion for Relief from Judgment made pursuant to Trial Rule 60(B)(6) 3. The Clerk of the Court is directed to send this order to the parties, Judge David K. Najjar of the Hamilton Superior Court, and to the Hamilton Circuit and Superior Courts Clerk. 4. The Hamilton Circuit and Superior Courts Clerk is directed to file this order under Cause Number 29D05-2010-CC-7159, 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: Winston, John Serve: McElwee, Christopher Serve: Nerz, Clement Serve: Nerz, Kristin Serve: Wildeman, Nicholas File Stamp: 03/21/2023
  2. Document Transmitted
  3. Motion for Remand Corrected Motion to Remand Certificate of Service- Electronically Served 03/01/23 Attorney: Nerz, Clement Party: Ruppert & Schaefer PC File Stamp: 03/01/2023
  4. Notice of Defect Cured Clerk Comments: Motion for Remand Party: Ruppert & Schaefer PC Serve: McElwee, Christopher Serve: Nerz, Clement Serve: Nerz, Kristin Serve: Wildeman, Nicholas File Stamp: 03/01/2023
  5. Document Transmitted
  6. Notice of Defect Issued Motion to Remand Party: Ruppert & Schaefer PC Serve: McElwee, Christopher Serve: Nerz, Clement Serve: Nerz, Kristin Serve: Wildeman, Nicholas Issue Date: 02/22/2023
  7. Document Transmitted
  8. Received Document Receive Date: 02/21/23 Appellee's Motion to Remand; Paginated incorrectly. Certificate of Service must provide names of all parties served. PostmarkDate: 02/21/2023
  9. Brief and Appendix - Appellant Brief - Appellant Brief - Appealed Order Volumes of Appendix: Two (2) Certificate of Service- Electronically Served 01/23/23 Attorney: McElwee, Christopher Party: Winston, John File Stamp: 01/23/2023
  10. 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 Second Extension of Time is granted as a final extension. 2. Appellant's Brief is due on January 23, 2023. Judicial Officer: Altice, Robert R. Party: Winston, John Serve: McElwee, Christopher Serve: Nerz, Clement Serve: Nerz, Kristin Serve: Wildeman, Nicholas File Stamp: 01/03/2023
  11. Document Transmitted
  12. Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief - Appellant Certificate of Service- Electronically Served 12/29/22 Attorney: McElwee, Christopher Party: Winston, John File Stamp: 12/29/2022
  13. 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 of Thirty (30) Days, to and Including January 6, 2023, in Which to File Appellant's Brief and Appendix is granted. 2. Appellant's Brief and Appendix shall be filed on or before January 6, 2023. Judicial Officer: Bradford, Cale J. Party: Winston, John Serve: McElwee, Christopher Serve: Nerz, Clement Serve: Nerz, Kristin Serve: Wildeman, Nicholas File Stamp: 11/29/2022
  14. Document Transmitted
  15. Amended Notice of Completion of Clerk's Record Transcript Not Requested/Not Available Method of Service Not Provided/Not Specified 11/28/22 File Stamp: 11/28/2022
  16. Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief Certificate of Service- Electronically Served 11/23/22 Motion is no longer premature as of date of Amended Notice of Completion of Clerk's Record Attorney: McElwee, Christopher Party: Winston, John File Stamp: 11/28/2022
  17. Pursuant to App.R. 23(D), Parties Notified of Filing Clerk Comments: A Motion for Extension of Time to File Brief Party: Winston, John Serve: McElwee, Christopher Serve: Nerz, Clement Serve: Nerz, Kristin Serve: Wildeman, Nicholas Sent Date: 11/28/2022
  18. Document Transmitted
  19. Received Document Motion for Extension of Time to File Brief Receive Date: 11/23/22 Motion for Extension of Time to File Brief- motion appears to be premature PostmarkDate: 11/23/2022
  20. Appearance Certificate of Service- Electronically Served and mailed to appellant 11/10/22 Attorney: Nerz, Clement Attorney: Nerz, Kristin Party: Ruppert & Schaefer PC File Stamp: 11/10/2022
  21. Notice of Completion of Clerk's Record Transcript Not Yet Completed Method of Service Not Provided/Not Specified 11/07/22 File Stamp: 11/07/2022
  22. Amended Notice of Appeal Filed Certificate of Service-Method not Specified 10/28/2022 Attorney: McElwee, Christopher Attorney: Wildeman, Nicholas Party: Winston, John File Stamp: 10/28/2022
  23. NOA Service to Trial Court Amended NOA Sent Date: 10/28/2022
  24. Document Transmitted
  25. Notice of Appeal Filed Certificate of Service-Method not Specified 10/27/22 Attorney: McElwee, Christopher Attorney: Wildeman, Nicholas Party: Winston, John File Stamp: 10/27/2022
  26. NOA Service to Trial Court Sent Date: 10/27/2022

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