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Indiana appeal court

Indiana

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Case Information

Filed 2023-08-10
Type Civil Tort
Docket 55 entries
Disposition dismiss

Docket Entries

  1. Brief - Reply in Support of Transfer Brief - Reply to Transfer - Appellant - Appellant Certificate of Service- Electronically Served 08/12/24 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 08/12/2024
  2. Transmitted on Transfer (Supreme Court)
  3. Appearance (Zigenfus) Certificate of Service- Electronically Served 08/05/24 Attorney: Zigenfus, Jacob Party: Redbones, Inc. File Stamp: 08/05/2024
  4. Brief - Response to Transfer Brief - Response to Petition to Transfer - Appellee Certificate of Service- Electronically Served 08/05/24 Attorney: Lowe, R. Attorney: Rowe, Crystal Attorney: Zigenfus, Jacob Party: Redbones, Inc. File Stamp: 08/05/2024
  5. Petition to Transfer Petition to Transfer - Appellant - Appellant Certificate of Service- Electronically Served 07/15/24 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 07/15/2024
  6. Opinion Issued OPINION OPINION Riley, J. - affirm Brown, J. & Foley, J. concur Judicial Officer: Riley, Patricia A. Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 06/19/2024
  7. Order Denying Motion for Oral Argument order denying appellants' motion for oral argument Having reviewed the matter, the Court finds and orders as follows: Appellants' Motion for Oral Argument is denied. Brown, Foley, JJ., concur. Riley, J., dissents. Judicial Officer: Altice, Robert R. Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 06/19/2024
  8. Document Transmitted
  9. Document Transmitted
  10. Brief - Appellant Reply Brief - Appellants' Reply Certificate of Service- Electronically Served 02/23/24 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 02/23/2024
  11. Case Fully Briefed Oral Argument Requested: No FB Date: 02/26/2024
  12. Transmitted to Court of Appeals
  13. Motion for Oral Argument Appellants' Motion for Oral Argument Certificate of Service- Electronically Served 02/26/24 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 02/26/2024
  14. Brief - Appellee Brief - Appellee Certificate of Service- Electronically Served 02/08/24 Attorney: Lowe, R. Attorney: Rowe, Crystal Party: Redbones, Inc. File Stamp: 02/08/2024
  15. 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. Appellee's Unopposed Verified Third (and Final) Motion for Extension of Time to File Appellee's Brief is granted as a final extension. 2. Appellee's Brief is due on February 8, 2024. Judicial Officer: Altice, Robert R. Party: Redbones, Inc. Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 01/29/2024
  16. Document Transmitted
  17. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 01/25/24 Attorney: Lowe, R. Attorney: Rowe, Crystal Party: Redbones, Inc. File Stamp: 01/25/2024
  18. 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. Appellee's Verified Second (and Final) Motion for Extension of Time to File Appellee's Brief is granted as a final extension. 2. Appellee's Brief is due on February 1, 2024. Judicial Officer: Altice, Robert R. Party: Redbones, Inc. Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 01/09/2024
  19. Document Transmitted
  20. Motion for Extension of Time to File Brief Motion for Extension of Time - Appellee Certificate of Service- Electronically Served 01/04/24 Attorney: Lowe, R. Attorney: Rowe, Crystal Party: Redbones, Inc. File Stamp: 01/04/2024
  21. 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. Appellee's First Verified Motion for Extension of Time to File Appellee's Brief is granted. 2. Appellee's Brief is due on January 12, 2024. Judicial Officer: Altice, Robert R. Party: Redbones, Inc. Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 12/11/2023
  22. Document Transmitted
  23. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 12/06/23 Attorney: Lowe, R. Attorney: Rowe, Crystal Party: Redbones, Inc. File Stamp: 12/06/2023
  24. Notice of Defect Cured Clerk Comments: Motion for Extension Party: Redbones, Inc. Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 12/06/2023
  25. Document Transmitted
  26. Received Document Receive Date: 12/04/23 Verified Motion for Extension of Time to File Appellee's Brief. The document lacks page numbers. PostmarkDate: 12/04/2023
  27. Notice of Defect Issued Motion for Extension Party: Redbones, Inc. Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David Issue Date: 12/05/2023
  28. Document Transmitted
  29. Brief and Appendix - Appellant Brief - Appellant Brief - Appealed Order Volumes of Appendix: Four (4) Certificate of Service- Electronically Served 11/13/23 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 11/13/2023
  30. 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. Appellants' Verified Motion for Extension of Time to File Brief of the Appellants is granted. 2. Appellants' brief is due on November 13, 2023. Judicial Officer: Brown, Elaine B. Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 10/25/2023
  31. Document Transmitted
  32. Motion for Extension of Time to File Brief Motion for Extension of Time to File Brief of the Appeallants Certificate of Service-Mailed 10/23/23 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 10/23/2023
  33. Notice of Completion of Clerk's Record Transcript Not Requested Certificate of Service- Electronically Served 10/04/23 File Stamp: 10/04/2023
  34. Order Denying Motion for Interlocutory Appeal order denying interlocutory appeal Having reviewed the matter, the Court finds and orders as follows: 1. Appellants' Motion to Accept Appellate Jurisdiction is denied. 2. Appellants' Notification of Court of Filing Notice of Appeal Pursuant to Indiana Appellate Rule 9(A) is accepted. 3. The Clerk of the Court is directed to file Appellants' Notice of Appeal as of the date of this order. 4. Appellants may appeal the dismissal of the premises liability claims and the denial of their motion for partial summary judgment. 5. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Daviess Circuit and Superior Courts Clerk. 6. The Daviess Circuit and Superior Courts Clerk is directed to file this order under Cause Number 14C01-2105-CT-307, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Tavitas, J., Shepard, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 09/18/2023
  35. Document Transmitted
  36. Notice of Appeal Filed Certificate of Service-Mailed 08/21/23 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 09/18/2023
  37. NOA Service to Trial Court Sent Date: 09/18/2023
  38. Document Transmitted
  39. Notice of Defect Issued Appellant's Notification of Court of Filing Notice of Appeal Pursuant to Indiana Appellate Rule 9(A) Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Hawkins, Gabriel Serve: Redbones, Inc. Issue Date: 08/22/2023
  40. Document Transmitted
  41. Appearance (Rowe, Lowe) Certificate of Service- Electronically Served 08/21/23 Attorney: Lowe, R. Attorney: Rowe, Crystal Party: Redbones, Inc. File Stamp: 08/21/2023
  42. Response to Interlocutory Appeal Response to Motion for Interlocutory Appeal Certificate of Service- Electronically Served 08/21/23 Attorney: Lowe, R. Attorney: Rowe, Crystal Party: Redbones, Inc. File Stamp: 08/21/2023
  43. Appearance (Strite, Dearmond) Certificate of Service-Mailed 08/22/23 Attorney: Dalton Dearmond, Rachel Attorney: Strite, David Party: Redbones, Inc. File Stamp: 08/22/2023
  44. Document Filed Appellant's Notification of Court of Filing Notice of Appeal Pursuant to Indiana Appellate Rule 9(A) Certificate of Service-Mailed and Electronically Served 08/22/23 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 08/22/2023
  45. Notice of Defect Cured Clerk Comments: Appellant's Notification of Court of Filing Notice of Appeal Pursuant to Indiana Appellate Rule 9(A) Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Dalton Dearmond, Rachel Serve: Hawkins, Gabriel Serve: Lowe, R. Serve: Rowe, Crystal Serve: Strite, David File Stamp: 08/22/2023
  46. Document Transmitted
  47. Received Document Receive Date: 08/21/23 Appellant's Notification of Court of Filing Notice of Appeal Pursuant to Indiana Appellant Rule 9(A) certificate of service may not state Notice of this filing was sent; must specifically state that you served and the method. PostmarkDate: 08/21/2023
  48. Received Document Receive Date: 08/21/23 Notice of Appeal - appears to be premature, hold for instruction from court. PostmarkDate: 08/21/2023
  49. Motion for Interlocutory Appeal Motion to Accept Appellate Jurisdiction Mot to Accept - Exhibits 1-19 Certificate of Service-Mailed 08/17/23 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 08/17/2023
  50. Notice of Defect Cured Clerk Comments: Motion to Accept Appellate Jurisdiction Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Hawkins, Gabriel Serve: Redbones, Inc. File Stamp: 08/17/2023
  51. Document Transmitted
  52. Notice of Defect Issued Motion to Accept Appellate Jurisdiction Party: Tolbert, Lucas Party: Tolbert, Vance Serve: Hawkins, Gabriel Serve: Redbones, Inc. Issue Date: 08/16/2023
  53. Document Transmitted
  54. Appearance -Gabriel A. Hawkins Certificate of Service-Mailed 08/10/23 Attorney: Hawkins, Gabriel Party: Tolbert, Lucas Party: Tolbert, Vance File Stamp: 08/10/2023
  55. Received Document Receive Date: 08/10/23 Plaintiff's Motion to Accept Appellate Jurisdiction - Certificate of Service does not provide a method of service. PostmarkDate: 08/10/2023

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