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Indiana appeal court

Indiana

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Case Information

Filed 2023-08-29
Type Small Claim
Docket 41 entries
Disposition affirmed

Docket Entries

  1. Opinion Certified Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul Notice Date: 06/27/2024
  2. Document Transmitted
  3. Opinion Issued Memorandum Decision MEMORANDUM DECISION: Affirmed - Weissmann, J. Mathias, J., and Tavitas, J., concur. Judicial Officer: Weissmann, Leanna K. Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul File Stamp: 05/03/2024
  4. Document Transmitted
  5. Note Per conversation with Marion County Small Claim Court Reporter on 4/10/2024, she indicated that the electronic version of the exhibit volume is the only version. Exhibit pages received on paper were sent in error.
  6. Case Fully Briefed Oral Argument Requested: No FB Date: 04/10/2024
  7. Transmitted to Court of Appeals
  8. Letter Issued Regarding Transcript 2nd request letter Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul Date Sent: 04/03/2024
  9. Document Transmitted
  10. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1) Volumes of T/C - One (1) Disk Received By-Mailed 3/18/2024 Postmark: 03/15/2024
  11. Received Document Receive Date: 3/18/2024 Received 19 sheets of paper containing exhibit information. Exhibit volumes must be submitted in electronic pdf format. Exhibits are missing a cover pages, index page, and are not paginated. We are returning all document pages back to the county court. PostmarkDate: 03/15/2024
  12. Letter Issued Regarding Transcript Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul Date Sent: 03/18/2024
  13. Document Transmitted
  14. Brief - Appellant Reply Brief- Appellant Reply Certificate of Service- Electronically Served 03/06/24 Attorney: Blanck, Clinton Party: Edyvean, Alfred File Stamp: 03/06/2024
  15. Trial Court Clerk Notified to Transmit Transcript Date Sent: 03/07/2024
  16. Document Transmitted
  17. Brief and Appendix - Appellee Brief - Appellee Volumes of Appendix: Two (2) Certificate of Service- Electronically Served 02/21/24 Attorney: Kirtley, William Attorney: Mackowski, Paul Party: Auto Zone Retail File Stamp: 02/21/2024
  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 Motion for Extension of Time to File Brief of Appellee is granted. 2. Appellee's Brief is due by February 21, 2024. Judicial Officer: Altice, Robert R. Party: Auto Zone Retail Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul File Stamp: 01/12/2024
  19. Document Transmitted
  20. Motion for Extension of Time to File Brief Verified Motion for Extension of Time to File Brief of Appellee Certificate of Service- Electronically Served 01/09/24 Attorney: Kirtley, William Attorney: Mackowski, Paul Party: Auto Zone Retail File Stamp: 01/09/2024
  21. Brief - Appellant Brief - Appeal Order (CCS) Brief - Appellant Certificate of Service- Electronically Served 12/21/23 Attorney: Blanck, Clinton Party: Edyvean, Alfred File Stamp: 12/21/2023
  22. Notice of Defect Cured Clerk Comments: Appellant's Brief Party: Edyvean, Alfred Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul File Stamp: 12/21/2023
  23. Document Transmitted
  24. Notice of Defect Issued Appellant's Brief - lacks separate attachment of order/judgment being appealed. Party: Edyvean, Alfred Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul Issue Date: 12/21/2023
  25. Document Transmitted
  26. Received Document Receive Date: 12/19/23 Appellant's Brief - lacks separate attachment of order/judgment being appealed. PostmarkDate: 12/19/2023
  27. Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 12/19/23 Attorney: Blanck, Clinton Party: Edyvean, Alfred File Stamp: 12/19/2023
  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 Verified Motion for Extension of Time is granted. 2. Appellant's Brief is due on December 20, 2023. Judicial Officer: Altice, Robert R. Party: Edyvean, Alfred Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul File Stamp: 11/15/2023
  29. Document Transmitted
  30. Motion for Extension of Time to File Brief Appellant's Verified Motion for Extension of Time to File Brief Certificate of Service- Electronically Served 11/14/23 Attorney: Blanck, Clinton Party: Edyvean, Alfred File Stamp: 11/14/2023
  31. Notice of Completion of Transcript Certificate of Service-Mailed 10/30/23 File Stamp: 11/08/2023
  32. Order Granting Motion to Compel order granting motion to compel transcript Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file Appellant's Motion for Order Compelling Trial Court Clerk to Issue, File and Serve Notice of Completion of Transcript as of the date of this order. 2. Appellant's Motion for Order Compelling Trial Court Clerk to Issue, File and Serve Notice of Completion of Transcript is granted. 3. Within five (5) days of the date of this order, the Clerk of the Marion Small Claims Court is ordered to file the Notice of Completion of Transcript with the Clerk of this Court and to serve a copy of the Notice on the parties. 4. Appellant's Brief is due within thirty (30) days of the service of the Notice of Completion of Transcript. 5. The Clerk of this Court is directed to send this order to the parties and the Clerk of the Marion Small Claims Court. 6. The Clerk of the Marion Small Claims Court is directed to file this order under Cause Number 49K01-2212-SC-5286, 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: Edyvean, Alfred Serve: Blanck, Clinton Serve: Kirtley, William Serve: Mackowski, Paul File Stamp: 11/06/2023
  33. Document Transmitted
  34. Motion to Compel Court Reporter to Prepare Transcript Motion for Order Compelling Trial Court Clerk to File NCT Exhibit A Motion for Order Compelling Trial Court Clerk to File NCT Exhibit B Motion for Order Compelling Trial Court Clerk to File NCT Exhibit C Motion for Order Compelling Trial Court Clerk to File NCT Certificate of Service- Electronically Served 11/03/23 Attorney: Blanck, Clinton Party: Edyvean, Alfred File Stamp: 11/06/2023
  35. Received Document Motion for Order Compelling Trial Court Clerk to File NCT Exhibit A Motion for Order Compelling Trial Court Clerk to File NCT Exhibit B Motion for Order Compelling Trial Court Clerk to File NCT Exhibit C Motion for Order Compelling Trial Court Clerk to File NCT Receive Date: 11/03/23 Appellant's Motion for an Order Compelling Trial Court Clerk to Issue, File and Serve Notice of Completion of Transcript - motion is untimely. PostmarkDate: 11/03/2023
  36. Received Document Receive Date: 11/01/23 Appellant's Verified Motion for Extension of Time. The notice of completion of transcript has not been filed. Attorney has been notified and he will re-tender is necessary. PostmarkDate: 11/01/2023
  37. Appearance Certificate of Service- Electronically Served 09/21/23 Attorney: Kirtley, William Attorney: Mackowski, Paul Party: Auto Zone Retail File Stamp: 09/21/2023
  38. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service-Mailed 09/06/23 File Stamp: 09/06/2023
  39. Notice of Appeal Filed Certificate of Service-Mailed 08/29/23 Attorney: Blanck, Clinton Party: Edyvean, Alfred File Stamp: 08/29/2023
  40. NOA Service to Trial Court Sent Date: 08/30/2023
  41. Document Transmitted

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