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Indiana appeal court

Indiana

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Case Information

Filed 2023-09-15
Type Civil Collection
Docket 29 entries
Disposition appeal is dismissed

Docket Entries

  1. Order Granting Motion and Dismissing Appeal with Prejudice order granting motion to dismiss Having reviewed the matter, the Court finds and orders as follows: 1. Because Appellants have not timely filed a brief, Appellee's Motion to Dismiss Case with Prejudice is granted. This appeal is dismissed with prejudice. See Ind. Appellate Rule 45(D). 2. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Marion Circuit and Superior Courts Clerk. 3. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49D01-2108-CC-26379, 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: THE RETAIL PROPERTY TRUST Serve: BENELISA, LIRAZ Serve: BENELISA, OREN Serve: Cassidy, Christopher Serve: OCEAN RETAIL GROUP, INC. File Stamp: 03/26/2024
  2. Trial Court Clerk Notified to Transmit Transcript Date Sent: 03/26/2024
  3. Document Transmitted
  4. Document Transmitted
  5. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1) Volumes of T/C - One (1) Received Electronically 3/26/2024 Postmark: 03/26/2024
  6. Motion to Dismiss Motion to Dismiss - Appellee Certificate of Service-Mailed 03/05/24 Attorney: Cassidy, Christopher Party: THE RETAIL PROPERTY TRUST File Stamp: 03/05/2024
  7. Order Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion for Leave to Withdraw is granted. 2. The Clerk of the Court is directed to remove from the Clerk's docket Attorneys B.J. Brinkerhoff and Olivia Daily as counsel of record for Appellants. 3. 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: BENELISA, LIRAZ Serve: BENELISA, OREN Serve: Cassidy, Christopher Serve: OCEAN RETAIL GROUP, INC. File Stamp: 02/20/2024
  8. Document Transmitted
  9. Motion to Withdraw Appearance Motion to Withdraw Appearance - Ex A Motion to Withdraw Appearance Certificate of Service- Electronically Served 02/16/24 Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. File Stamp: 02/16/2024
  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. Appellants' Verified Second Motion for Extension of Time to File Appellants' Brief is granted in part as a final extension. 2. Appellants' Brief is due on February 16, 2024. Judicial Officer: Altice, Robert R. Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. Serve: Cassidy, Christopher File Stamp: 01/29/2024
  11. Document Transmitted
  12. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 01/24/24 Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. File Stamp: 01/24/2024
  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. Appellants' Verified Motion for Extension of Time to File Appellants' Brief is granted. 2. Appellants' Brief is due on February 1, 2024. Judicial Officer: Altice, Robert R. Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. Serve: Cassidy, Christopher File Stamp: 12/28/2023
  14. Document Transmitted
  15. Motion for Extension of Time to File Brief Motion for Extension of Time to File Appellants' Brief Certificate of Service- Electronically Served 12/20/23 Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. File Stamp: 12/20/2023
  16. Order Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion for Leave to Withdraw Appearance of MacKenzie A. Watson is granted. 2. The Clerk of the Court is directed to remove from the Clerk's on-line docket Attorney MacKenzie A. Watson as counsel of record for Appellants. 3. 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: Cassidy, Christopher File Stamp: 12/07/2023
  17. Document Transmitted
  18. Notice of Completion of Transcript Certificate of Service- Electronically Served 11/30/23 File Stamp: 11/30/2023
  19. Motion to Withdraw Appearance Motion for Leave to Withdraw Appearance- Watson- Appellant (MacKenzie A. Watson) Certificate of Service- Electronically Served 11/29/23 Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. File Stamp: 11/29/2023
  20. Order Issued order accepting notice of compliance Having reviewed the matter, the Court finds and orders as follows: 1. The Notice of Compliance is accepted. 2. The Court's October 23, 2023 order to show cause is discharged. 3. The transcript is due within thirty (30) days of the date of this order. 4. The Clerk of the Court is directed to send this order to the parties and Court Reporter LaToya Journey. Judicial Officer: Altice, Robert R. Serve: Cassidy, Christopher File Stamp: 10/30/2023
  21. Document Transmitted
  22. Response to Show Cause Certificate of Service- Electronically Served 10/24/23 Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. File Stamp: 10/24/2023
  23. Order Issued order to show cause appellant Having reviewed the matter, the Court finds and orders as follows: 1. Court Reporter LaToya Journey's Notice of Noncompliance to Appellate Rule 9(H) and Request for Requirement to Complete Transcript be held in Abeyance is accepted. 2. Court Reporter Journey's obligation to file a transcript for this appeal is stayed pending further order of this Court. 3. Appellant is ordered to show cause within ten (10) days of the date of this order by filing with this Court evidence of appropriate payment to Court Reporter Journey for the cost of the transcript. 4. Failure to comply with this order may result in the dismissal of this appeal. 5. The Clerk of this Court is directed to send this order to the parties, Court Reporter Journey, Judge Heather Welch of the Marion Superior Court, and the Marion Circuit and Superior Courts Clerk. 6. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49D01-2108-CC-26379 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: Brown, Elaine B. Serve: Cassidy, Christopher File Stamp: 10/23/2023
  24. Document Transmitted
  25. Notice Court Reporter's Notice of Noncompliance to App Rule 9(H) and Request for Requirement to Complete Transcript be Held in Abayance File Stamp: 10/18/2023
  26. Appearance (Cassidy) Certificate of Service- Electronically Served 09/27/23 Attorney: Cassidy, Christopher Party: THE RETAIL PROPERTY TRUST File Stamp: 09/27/2023
  27. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 09/22/23 File Stamp: 09/22/2023
  28. Notice of Appeal Filed Certificate of Service-Mailed 09/15/23 Party: BENELISA, LIRAZ Party: BENELISA, OREN Party: OCEAN RETAIL GROUP, INC. File Stamp: 09/15/2023
  29. NOA Service to Trial Court Sent Date: 09/15/2023

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