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Indiana appeal court

Indiana

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Case Information

Filed 2023-08-16
Type Civil Tort
Docket 42 entries
Disposition affirmed

Docket Entries

  1. Opinion Certified Serve: Cavanaugh, Corban Serve: Century Builders, Inc. Serve: EW Construction, Inc. Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Serve: Sieradzki, James Serve: White, Eric Notice Date: 06/26/2024
  2. Document Transmitted
  3. Order Denying Petition to Transfer Order - Transfer Appellant's petition to transfer denied. All Justices concur. Judicial Officer: Rush, Loretta H. Party: Goalsetter Systems, Inc. d/b/a Escalade Sports Serve: Cavanaugh, Corban Serve: Century Builders, Inc. Serve: EW Construction, Inc. Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Serve: Sieradzki, James Serve: White, Eric File Stamp: 06/20/2024
  4. Document Transmitted
  5. Transmitted on Transfer (Supreme Court)
  6. Notice of Defect Issued Petition to Transfer - Appellant Party: Goalsetter Systems, Inc. d/b/a Escalade Sports Serve: Cavanaugh, Corban Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Issue Date: 04/15/2024
  7. Document Transmitted
  8. Petition to Transfer Petition to Transfer - Appellant (corrected) Certificate of Service- Electronically Served 04/15/24 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 04/15/2024
  9. Notice of Defect Cured Clerk Comments: Petition to Transfer - Appellant Party: Goalsetter Systems, Inc. d/b/a Escalade Sports Serve: Cavanaugh, Corban Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles File Stamp: 04/15/2024
  10. Document Transmitted
  11. Notice Regarding Transfer Certificate of Service-Electronically Served 04/15/24 Attorney: Murphy, Patrick Attorney: Rice, Charles Party: Estate of Nolan Gerwels Party: Gerwels, Kevin Party: Gerwels, Margaret Party: Gerwels, Nadalyn Party: Gerwels, Nathaniel Party: Gerwels, Neriah Party: Gerwels, Nia File Stamp: 04/15/2024
  12. Received Document Receive Date: 04/12/24 Petition to Transfer - Petition is not compliant with A.R. 57(G) and contains an Exhibit as an attachment. PostmarkDate: 04/12/2024
  13. Opinion Issued Opinion OPINION: Affirmed - Bailey, J. Crone, J., and Pyle, J., concur. Judicial Officer: Bailey, Lloyd Mark Serve: Cavanaugh, Corban Serve: Century Builders, Inc. Serve: EW Construction, Inc. Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Serve: Sieradzki, James Serve: White, Eric File Stamp: 02/28/2024
  14. Document Transmitted
  15. Order Denying Motion for Oral Argument order denying oral argument Having reviewed the matter, the Court finds and orders as follows: Appellant's Motion for Oral Argument is denied. All panel judges concur. Judicial Officer: Altice, Robert R. Party: Goalsetter Systems, Inc. d/b/a Escalade Sports Serve: Cavanaugh, Corban Serve: Century Builders, Inc. Serve: EW Construction, Inc. Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Serve: Sieradzki, James Serve: White, Eric File Stamp: 02/22/2024
  16. Document Transmitted
  17. Retransmission of Order order denying oral argument Order issued 2/22/24 is retransmitted to include service on attorney Jessica Mullen. Judicial Officer: Altice, Robert R. File Stamp: 02/22/2024
  18. Document Transmitted
  19. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) Received Electronically 02/01/24 Postmark: 02/01/2024
  20. Case Fully Briefed Oral Argument Requested: Yes FB Date: 02/02/2024
  21. Transmitted to Court of Appeals
  22. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 01/31/24 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 01/31/2024
  23. Motion for Oral Argument Motion for Oral Argument Certificate of Service- Electronically Served 01/31/24 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 01/31/2024
  24. Trial Court Clerk Notified to Transmit Transcript Date Sent: 02/01/2024
  25. Document Transmitted
  26. Brief and Appendix - Appellee Brief - Appellee Volumes of Appendix: Three (3) Certificate of Service- Electronically Served 01/16/24 Attorney: Murphy, Patrick Attorney: Rice, Charles Party: Estate of Nolan Gerwels Party: Gerwels, Kevin Party: Gerwels, Margaret Party: Gerwels, Nadalyn Party: Gerwels, Nathaniel Party: Gerwels, Neriah Party: Gerwels, Nia File Stamp: 01/16/2024
  27. Brief and Appendix - Appellant Brief - Appellant Brief - Appealed Order Volumes of Appendix: 4 Certificate of Service- Electronically Served 12/15/23 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 12/15/2023
  28. Order Granting Motion for Extension of Time To File Brief order granting appellant's motion for extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Unopposed Verified Motion for Initial Extension of Time to File Appellant's Brief is granted. 2. Appellant's brief is due on December 15, 2023. Judicial Officer: Altice, Robert R. Party: Goalsetter Systems, Inc. d/b/a Escalade Sports Serve: Cavanaugh, Corban Serve: Century Builders, Inc. Serve: EW Construction, Inc. Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Serve: Sieradzki, James Serve: White, Eric File Stamp: 11/16/2023
  29. Document Transmitted
  30. Motion for Extension of Time to File Brief Appellant's Unopposed Verified Motion for Initial Extension of Time to File Appellant's Brief Certificate of Service- Electronically Served 11/14/23 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 11/14/2023
  31. Notice of Completion of Transcript Certificate of Service- Electronically Served 10/30/23 File Stamp: 10/30/2023
  32. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 09/28/23 File Stamp: 09/29/2023
  33. Notice of Appeal Filed Certificate of Service- Electronically Served 09/27/23 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 09/27/2023
  34. NOA Service to Trial Court Sent Date: 09/28/2023
  35. Document Transmitted
  36. Order Granting Motion for Interlocutory Appeal order granting interlocutory appeal Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Accept Jurisdiction of Certified Interlocutory Appeal is granted. 2. Appellant is ordered to comply with Appellate Rule 14(B)(3). 3. The Clerk of the Court is directed to send this order to the parties, the trial 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 71C01-1807-CT-340, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Mathias, Tavitas, JJ., Shepard, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Goalsetter Systems, Inc. d/b/a Escalade Sports Serve: Cavanaugh, Corban Serve: Century Builders, Inc. Serve: EW Construction, Inc. Serve: Mortimer, Renee Serve: Murphy, Patrick Serve: Rice, Charles Serve: Sieradzki, James Serve: White, Eric File Stamp: 09/15/2023
  37. Document Transmitted
  38. Appearance -C. Rice and P. Murphy Certificate of Service- Electronically Served 08/30/23 Attorney: Murphy, Patrick Attorney: Rice, Charles Party: Estate of Nolan Gerwels Party: Gerwels, Kevin Party: Gerwels, Margaret Party: Gerwels, Nadalyn Party: Gerwels, Nathaniel Party: Gerwels, Neriah Party: Gerwels, Nia File Stamp: 08/30/2023
  39. Response to Interlocutory Appeal Gerwels Response to Goalsetter Systems, Inc.'s Motion to Accept Jurisdiction of Interlocutory Appeal Certificate of Service- Mailed to Forthright Construction, LLC and Electronically served all remaining parties on 08/30/23. Attorney: Murphy, Patrick Attorney: Rice, Charles Party: Estate of Nolan Gerwels Party: Gerwels, Kevin Party: Gerwels, Margaret Party: Gerwels, Nadalyn Party: Gerwels, Nathaniel Party: Gerwels, Neriah Party: Gerwels, Nia File Stamp: 08/30/2023
  40. Appearance (Kalas) Certificate of Service- Electronically Served 08/17/23 Party: DICK'S Sporting Goods, Inc. File Stamp: 08/17/2023
  41. Appearance (Mortimer, Cockrum, Mullen) Certificate of Service- Electronically Served 08/16/23 Attorney: Cavanaugh, Corban Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 08/16/2023
  42. Motion for Interlocutory Appeal Motion to Accept Jurisdiction of Certified Interlocutory Appeal Interloc Exhibit A - Order Granting Motion to Compel Interloc Exhibit B - Order Granting Motion to Certify Order for Interlocutory Appeal Interloc Exhibit C - FOIA Response Letter Certificate of Service- Electronically Served 08/16/23 Attorney: Mortimer, Renee Party: Goalsetter Systems, Inc. d/b/a Escalade Sports File Stamp: 08/16/2023

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