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Photo of Indiana appeal court

Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-09-08
Type Mortgage Foreclosure
Docket 57 entries
Disposition order granting appellant

Docket Entries

  1. Opinion Issued Memorandum Decision MEMORANDUM DECISION Foley, J., affirm Brown, J. and Riley, Sr. J., concur Judicial Officer: Foley, Peter R. Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 09/11/2024
  2. Document Transmitted
  3. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 02/23/24 Attorney: Baron, Margaret Attorney: Kuhl, John Attorney: Soder, Michael Party: Bob Evans Restaurants, LLC File Stamp: 02/23/2024
  4. Case Fully Briefed Oral Argument Requested: No FB Date: 02/26/2024
  5. Transmitted to Court of Appeals
  6. 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. Appellant's Verified Motion for Extension of Time to File Appellant's Reply Brief is granted as a final extension. 2. Appellant's Reply Brief is due by February 23, 2024. Judicial Officer: Brown, Elaine B. Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 02/02/2024
  7. Document Transmitted
  8. Motion for Extension of Time to File Reply Brief Verified Motion for Extension of Time to File Appellant's Reply Brief Certificate of Service- Electronically Served 01/30/24 Attorney: Baron, Margaret Attorney: Kuhl, John Attorney: Soder, Michael Party: Bob Evans Restaurants, LLC File Stamp: 01/30/2024
  9. Brief and Appendix - Appellee Brief - Appellee Volumes of Appendix: Two (2) Certificate of Service- Electronically Served 01/24/24 Attorney: England, Annette Attorney: Starks, Lisa Party: Bank OZK File Stamp: 01/24/2024
  10. Notice of Defect Cured Clerk Comments: Appellee's Brief and Appendix Party: Bank OZK Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 01/24/2024
  11. Document Transmitted
  12. Notice of Defect Cured Clerk Comments: Motion for Extension - Appellant Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 11/10/2023
  13. Document Transmitted
  14. Notice of Defect Issued Appellee's Brief and Appendix - Brief is mispaginated and Appendix was tendered as only one Volume. Party: Bank OZK Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa Issue Date: 01/23/2024
  15. Document Transmitted
  16. Received Document Receive Date: 01/22/24 Appellee's Brief and Appendix - Brief is mispaginated and Appendix was tendered as only one Volume. PostmarkDate: 01/22/2024
  17. Brief - Appellant Brief- Appellant Brief- Appealed Order Brief- Appealed Order Certificate of Service- Electronically Served 12/26/23 Attorney: Baron, Margaret Attorney: Kuhl, John Attorney: Soder, Michael Party: Bob Evans Restaurants, LLC File Stamp: 12/26/2023
  18. Notice of Defect Cured Clerk Comments: Appellant's Brief Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 12/26/2023
  19. Document Transmitted
  20. Appendix Filed Volumes of Appendices: Three (3) Certificate of Service- Electronically Served 12/22/23 Attorney: Baron, Margaret Attorney: Kuhl, John Attorney: Soder, Michael Party: Bob Evans Restaurants, LLC File Stamp: 12/22/2023
  21. Received Document Receive Date: 12/22/23 Appellant's Brief- Appealed Order and brief is mispaginated PostmarkDate: 12/22/2023
  22. Notice of Defect Issued Appellant's Brief Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa Issue Date: 12/22/2023
  23. Document Transmitted
  24. 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 Unopposed Motion for Extension of Time to File Appellant's Brief is granted. 2. Appellant's brief shall be filed on or before December 22, 2023. Judicial Officer: Altice, Robert R. Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 11/15/2023
  25. Document Transmitted
  26. Motion for Extension of Time to File Brief Motion for Extension Certificate of Service- Electronically Served 11/10/23 Attorney: Baron, Margaret Attorney: Kuhl, John Attorney: Soder, Michael Party: Bob Evans Restaurants, LLC File Stamp: 11/10/2023
  27. Received Document Receive Date: 11/08/23 Verified Unopposed Motion for Extension of Time to File Appellant's Brief. The certificate of service does not indicate that document was served. PostmarkDate: 11/08/2023
  28. Notice of Defect Issued Motion for Extension Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa Issue Date: 11/09/2023
  29. Document Transmitted
  30. Notice of Completion of Transcript Certificate of Service- Electronically Served 10/23/2023 File Stamp: 10/23/2023
  31. Received Court Reporter's Notice of Filing of Transcript Received on: 10/23/2023 PostmarkDate: 10/23/2023
  32. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) Received Electronically 10/23/2023 Postmark: 10/23/2023
  33. Order Granting Temporary Admission order granting temp admission Having reviewed the matter, the Court finds and orders as follows: 1. The petitions for temporary admission are granted. 2. John M. Kuhl and Michael F. Soder are now admitted on temporary admission for Appellant. 3. Attorneys John M. Kuhl and Michael F. Soder are hereby ordered to comply with the requirements of Admission and Discipline Rule 3, Section 2(a). Failure to do so will subject John M. Kuhl and Michael F. Soder to discipline. See Admis. Disc. R. 3, sec. 2(c). 4. Co-counsel is directed to comply with Admission and Discipline Rule 3, Section 2(b), including the requirement that all documents filed in this case be signed by a member of the bar of the State of Indiana. 5. The Clerk is directed to send a copy of this order to John M. Kuhl and Michael F. Soder and to all other counsel of record. Judicial Officer: Brown, Elaine B. Party: Kuhl, John Party: Soder, Michael Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 10/25/2023
  34. Document Transmitted
  35. Petition for Temporary Admission Verified Petition for Temporary Admission - John M. Kuhl -John M. Kuhl Certificate of Service-Electronically Served 10/20/23 Attorney: Baron, Margaret Attorney: Kuhl, John Party: Bob Evans Restaurants, LLC File Stamp: 10/20/2023
  36. Petition for Temporary Admission Verified Petition for Temporary Admission - Michael F. Soder -Michael F. Soder Certificate of Service-Electronically Served 10/20/23 Attorney: Baron, Margaret Attorney: Soder, Michael Party: Bob Evans Restaurants, LLC File Stamp: 10/20/2023
  37. Notice of Defect Cured Clerk Comments: Petition to Temporary Admission - John Kuhl Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 10/20/2023
  38. Notice of Defect Cured Clerk Comments: Petition for Temporary Admission - Michael Soder Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Soder, Michael Serve: Starks, Lisa File Stamp: 10/20/2023
  39. Document Transmitted
  40. Document Transmitted
  41. Received Court Reporter's Notice of Filing of Transcript Received on: 10/23/23 PostmarkDate: 10/23/2023
  42. Received Document Receive Date: 10/18/23 Verified Petition for Temporary Admission of John M. Kuhl - Certificate of Service does not provide a date of service or specify names of parties being served. PostmarkDate: 10/18/2023
  43. Received Document Receive Date: 10/18/23 Verified Petition for Temporary Admission of Michael F. Soder -Certificate of Service does not provide a date of service or specify names of parties being served. PostmarkDate: 10/18/2023
  44. Notice of Defect Issued Petition for Temporary Admission-John Kuhl Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Kuhl, John Serve: Starks, Lisa Issue Date: 10/19/2023
  45. Notice of Defect Issued Petition for Temporary Admission-Michael Soder Party: Bob Evans Restaurants, LLC Serve: Baron, Margaret Serve: England, Annette Serve: Soder, Michael Serve: Starks, Lisa Issue Date: 10/19/2023
  46. Document Transmitted
  47. Document Transmitted
  48. Appearance (Starks, England) Certificate of Service-Mailed 09/27/23 Attorney: England, Annette Attorney: Starks, Lisa Party: Bank OZK File Stamp: 09/27/2023
  49. Notice of Defect Cured Clerk Comments: Appellee Appearance Party: Bank OZK Serve: Baron, Margaret Serve: England, Annette Serve: Starks, Lisa File Stamp: 09/27/2023
  50. Document Transmitted
  51. Received Document Receive Date: 09/25/23 Appearance for L. Starks and A. England. The certificate of service does not indicate that document was served PostmarkDate: 09/25/2023
  52. Notice of Defect Issued Appearance for L. Starks and A. England Party: Bank OZK Serve: Baron, Margaret Serve: England, Annette Serve: Starks, Lisa Issue Date: 09/26/2023
  53. Document Transmitted
  54. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served and Mailed 09/12/23 File Stamp: 09/12/2023
  55. Notice of Appeal Filed Certificate of Service-Mailed 09/08/23 Attorney: Baron, Margaret Party: Bob Evans Restaurants, LLC File Stamp: 09/08/2023
  56. NOA Service to Trial Court Sent Date: 09/11/2023
  57. Document Transmitted

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