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Indiana appeal court

Indiana

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Case Information

Filed 2023-08-25
Type Dc
Docket 44 entries
Disposition dismissed

Docket Entries

  1. Opinion Issued Memorandum Decision MEMORANDUM DECISION Dismissed - Bailey, J. Kenworthy, J., and Felix, J., concur Judicial Officer: Bailey, Lloyd Mark Serve: Gjerdingen, Kendra Serve: Mallor, Andrew Serve: Szczerbik, Kristin File Stamp: 09/18/2024
  2. Document Transmitted
  3. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 07/05/24 Attorney: Szczerbik, Kristin Party: Robinson, Jessica File Stamp: 07/05/2024
  4. Case Fully Briefed Oral Argument Requested: No FB Date: 07/08/2024
  5. Transmitted to Court of Appeals
  6. Brief - Appellee Brief - Appellee Public (Public and Confidential) Certificate of Service- Electronically Served 06/20/24 Attorney: Gjerdingen, Kendra Attorney: Mallor, Andrew Party: Noble, Timothy File Stamp: 06/20/2024
  7. Notice of Exclusion of Confidential Information Appellee's Brief - Certificate of Service- Electronically Served 06/20/24 Party: Noble, Timothy File Stamp: 06/20/2024
  8. Document Transmitted
  9. Appendix Filed Volumes of Appendices: Two (2) Public and Confidential Certificate of Service- Electronically Served 05/30/24 Attorney: Szczerbik, Kristin Party: Robinson, Jessica File Stamp: 05/30/2024
  10. Notice of Exclusion of Confidential Information Certificate of Service- Electronically Served 05/30/24 Party: Robinson, Jessica File Stamp: 05/30/2024
  11. Notice of Defect Cured Clerk Comments: Appellant's Appendix and Notice of Exclusion Party: Robinson, Jessica Serve: Gjerdingen, Kendra Serve: Mallor, Andrew Serve: Szczerbik, Kristin File Stamp: 05/30/2024
  12. Brief - Appellant Brief - Appellant Brief - Appealed Order of Modification Brief - Appealed Order Amended Order of Modification Brief - Appealed Order CCS entry Certificate of Service- Electronically Served 05/31/24 Attorney: Szczerbik, Kristin Party: Robinson, Jessica File Stamp: 05/31/2024
  13. Notice of Defect Cured Clerk Comments: Appellant's Brief Party: Robinson, Jessica Serve: Gjerdingen, Kendra Serve: Mallor, Andrew Serve: Szczerbik, Kristin File Stamp: 05/31/2024
  14. Document Transmitted
  15. Appearance (Andrew Mallor, Kendra Gjerdingen) Certificate of Service- Electronically Served 05/30/24 Attorney: Gjerdingen, Kendra Attorney: Mallor, Andrew Party: Noble, Timothy File Stamp: 05/30/2024
  16. Received Document Receive Date: 05/22/24 Appellant's Brief and Appendix - Brief lacks appealed order and the certificate of service states incorrect document being served. Appendix Public Access version contains blank pages at redaction location, pages should indicate the omission/redaction. PostmarkDate: 05/22/2024
  17. Notice of Exclusion of Confidential Information Certificate of Service-Mailed to Appellee 05/22/24; Electronically Served to trial counsel for Appellee 05/22/24 Party: Robinson, Jessica File Stamp: 05/22/2024
  18. Notice of Defect Issued Appellant's Brief and Appendix Party: Robinson, Jessica Serve: Mallor, Andrew Serve: Noble, Timothy Serve: Szczerbik, Kristin Issue Date: 05/23/2024
  19. Document Transmitted
  20. Order Granting Petition for Rehearing order granting petition for rehearing Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Petition for Rehearing is granted. 2. This appeal is hereby reinstated. See App. R. 1. 3. Appellant's brief and appendix are due no later than thirty (30) days from the date of this order, as a final extension. 4. Failure to timely comply with the Court's order may subject this appeal to automatic dismissal. 5. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Floyd Circuit and Superior Courts Clerk. 6. The Floyd Circuit and Superior Courts Clerk is directed to file this order under Cause Number 22C01-1806-DC-471, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Bradford, Brown, JJ., Baker, Sr. J., concur. Judicial Officer: Altice, Robert R. Party: Robinson, Jessica Serve: Mallor, Andrew Serve: Noble, Timothy Serve: Szczerbik, Kristin File Stamp: 04/22/2024
  21. Document Transmitted
  22. Petition for Rehearing Petition for Rehearing - Appellant Certificate of Service-Mailed to Timothy Noble and Electronically Served to Attorneys Pierce, Koucouthakis, Forbush-Moss. 04/15/24 Attorney: Szczerbik, Kristin Party: Robinson, Jessica File Stamp: 04/15/2024
  23. Order Issued order granting motion for substitution of appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion for Substitution of Counsel, to Vacate Dismissal Order and for Leave to File Appellant's Brief is granted in part. 2. The Clerk of the Court is directed to remove from the Clerk's docket Attorney Bethanni Forbush-Moss as counsel of record for Appellant. 3. The Clerk of the Court is directed to file Appellant's Petition for Rehearing with the filing date of April 15, 2024. 4. 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: Mallor, Andrew Serve: Noble, Timothy Serve: Szczerbik, Kristin File Stamp: 04/18/2024
  24. Document Transmitted
  25. Received Document Petition for Rehearing - Appellant Receive Date: 04/15/24 Appellant's Petition for Rehearing - hold for ruling on motion for substitution. PostmarkDate: 04/15/2024
  26. Received Document Receive Date: 04/15/24 Appellant's Petition for Rehearing - Certificate of service does not identify by name counsel served. PostmarkDate: 04/15/2024
  27. Notice of Defect Issued Petition for Rehearing - Appellant (submitted by Atty. Forbush-Moss) Party: Robinson, Jessica Serve: Mallor, Andrew Issue Date: 04/16/2024
  28. Document Transmitted
  29. Appearance (Kristin Szczerbik) Certificate of Service- Electronically Served 04/15/24 Attorney: Szczerbik, Kristin Party: Robinson, Jessica File Stamp: 04/15/2024
  30. Motion for Substitution of Appearance Motion to substitute cousnel & vacate dismissal & leave to file brief - Appellant Certificate of Service- Electronically Served 04/15/24 Attorney: Szczerbik, Kristin Party: Robinson, Jessica File Stamp: 04/15/2024
  31. Received Document Receive Date: 4/10/2024 Received duplicate copy of the Notice of Completion on Clerk's Record previously filed. PostmarkDate: 04/10/2024
  32. 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 4/10/2024 Postmark: 04/10/2024
  33. Order Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file the Appellant's Motion for Extension of Time to File Brief received on March 5, 2024, as of the date of this order. 2. Appellant's Motion for Extension of Time to File Brief is denied, and this appeal is dismissed with prejudice. See Indiana Appellate Rule 45(D). 3. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Floyd Circuit and Superior Courts Clerk. 4. The Floyd Circuit and Superior Courts Clerk is directed to file this order under Cause Number 22C01-1806-DC-471, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Bradford, Brown, JJ., Baker, Sr. J., concur. Judicial Officer: Altice, Robert R. Serve: Mallor, Andrew Serve: Noble, Timothy File Stamp: 03/15/2024
  34. Trial Court Clerk Notified to Transmit Transcript Date Sent: 03/15/2024
  35. Document Transmitted
  36. Motion for Extension of Time to File Brief Appellants Motion for Time Certificate of Service- Electronically Served 03/04/24 Party: Robinson, Jessica File Stamp: 03/15/2024
  37. Document Transmitted
  38. Received Document Appellants Motion for Time Receive Date: 03/05/24 Appellant's Motion for Extension of Time - motion appears untimely. PostmarkDate: 03/05/2024
  39. Notice of Completion of Transcript Certificate of Service- Electronically Served 02/01/24 File Stamp: 02/01/2024
  40. Docket Sheet Transmitted for Dismissal Nothing Filed in Furtherance of this Appeal
  41. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 08/30/23 File Stamp: 08/30/2023
  42. Notice of Appeal Filed Certificate of Service-Mailed 08/25/23 Party: Robinson, Jessica File Stamp: 08/25/2023
  43. NOA Service to Trial Court Sent Date: 08/28/2023
  44. Document Transmitted

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