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Case Information

Filed 2023-09-27
Type Dc
Docket 60 entries
Disposition reversed and remanded

Docket Entries

  1. Opinion Certified Serve: Ciyou, Bryan Serve: Gullotta, Leonard Notice Date: 06/27/2024
  2. Document Transmitted
  3. Opinion Issued Opinion OPINION Reversed and Remanded - Mathias, J. Tavitas, J., and Weissmann, J., concur. Judicial Officer: Mathias, Paul D. Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 05/02/2024
  4. Document Transmitted
  5. 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 Leave to File Reply in Support of Motion for Oral Argument is denied and Appellant's Motion for Oral Argument is denied. All panel judges concur. Judicial Officer: Altice, Robert R. Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 04/26/2024
  6. Document Transmitted
  7. Motion for Leave to File Reply to Response Motion for Leave to File Reply - Appellant Appellant's Motoin for Leave to File Reply In Support of Motion for Oral Argument. Certificate of Service- Electronically Served 04/10/24 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 04/10/2024
  8. Received Document Receive Date: 04/10/24 Appellant's Verified Reply in Support of Motion to Set Oral Argument - hold for ruling on motion. PostmarkDate: 04/10/2024
  9. Notice of Defect Issued Appellant's Verified Reply in Support of Motion to Set Oral Argument Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard Issue Date: 04/08/2024
  10. Document Transmitted
  11. Received Document Receive Date: 04/05/24 Appellant's Verified Reply in Support of Motion to Set Oral Argument - must seek leave to file reply. PostmarkDate: 04/05/2024
  12. Response Appellee's Objection to Appellant's Motion to Set Oral Argument Motion to Set Oral Argument -Objection Certificate of Service- Electronic and Mail Service 04/02/24 Attorney: Gullotta, Leonard Party: ROUSH, RYAN File Stamp: 04/02/2024
  13. Electronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1)*public & confidential* Volumes of T/C - One (1) Received Electronically 4/2/2024 Postmark: 04/02/2024
  14. Case Fully Briefed Oral Argument Requested: Yes FB Date: 04/03/2024
  15. Transmitted to Court of Appeals
  16. Motion for Oral Argument Motion for Oral Argument- Appellant Certificate of Service- Electronically Served 04/01/24 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 04/01/2024
  17. Corrected Entry Correcting Appellant's Appendix Filed 02/16/24 to show correct service date.
  18. Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 02/09/24 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 02/16/2024
  19. Trial Court Clerk Notified to Transmit Transcript Date Sent: 04/01/2024
  20. Document Transmitted
  21. Brief - Appellant Reply Brief - Appellant Reply Certificate of Service- Electronically Served 03/27/24 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 03/27/2024
  22. Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served and mailed 03/19/24 Attorney: Gullotta, Leonard Party: ROUSH, RYAN File Stamp: 03/19/2024
  23. Notice of Defect Cured Clerk Comments: Appellee's Appendix Party: ROUSH, RYAN Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 03/19/2024
  24. Document Transmitted
  25. Brief - Appellee Brief- Appellee Certificate of Service- Electronically Served and mailed 03/18/24 Attorney: Gullotta, Leonard Party: ROUSH, RYAN File Stamp: 03/18/2024
  26. Received Document Receive Date: 03/18/24 Appellee's Appendix- certificate of service is missing PostmarkDate: 03/18/2024
  27. Notice of Defect Issued Appellee's Appendix Party: ROUSH, RYAN Serve: Ciyou, Bryan Serve: Gullotta, Leonard Issue Date: 03/19/2024
  28. Document Transmitted
  29. Appendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 02/19/24 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 02/16/2024
  30. 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 Motion for Extension of Time is granted in part. 2. Within ten (10) days of the date of this order, Appellant is ordered to file an Appendix that fully complies with Appellate Rules 50 and 51. 3. Appellee's Brief is due within thirty (30) days of the date Appellant's Appendix is filed. Judicial Officer: Altice, Robert R. Party: ROUSH, RYAN Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 02/13/2024
  31. Document Transmitted
  32. Appearance Attorney L.Gullotta, II - Certificate of Service- Electronically Served and Mailed 02/08/24 Attorney: Gullotta, Leonard Party: ROUSH, RYAN File Stamp: 02/08/2024
  33. Motion for Extension of Time to File Brief Motion for extension of time - Appellee Certificate of Service- Electronically Served and Mailed 02/08/24 Attorney: Gullotta, Leonard Party: ROUSH, RYAN File Stamp: 02/08/2024
  34. Order Denying Motion to Stay order denying motion to stay Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file the Appellant's Verified Motion to Stay Enforcement of Judgment as of the date of this order. 2. Appellant's Verified Motion to Stay Enforcement of Judgment is denied. 3. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Elkhart Circuit and Superior Courts Clerk. 4. The Elkhart Circuit and Superior Courts Clerk is directed to file this order under Cause Number 20D06-1709-DC-681, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Bailey, Brown, JJ., Robb, Sr. J., concur. Judicial Officer: Altice, Robert R. Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 01/26/2024
  35. Note Order issued 1/26/24 is served on trial counsel only for appellee. No address was provided.
  36. Motion to Stay Motion to Stay Certificate of Service- Electronically Served 12/05/24 (as stated) Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 01/26/2024
  37. Document Transmitted
  38. Brief - Appellant Brief - Appellant Brief - Appeal Orders (Denying Change of Venue, on Motion to Continue, dated 09-18-23 and 09-21-23) Certificate of Service- Electronically Served 01/16/24 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 01/16/2024
  39. Notice of Defect Cured Clerk Comments: Appellant's Brief Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 01/16/2024
  40. Document Transmitted
  41. Received Document Receive Date: 01/10/24 Appellant's Brief - Certificate of Service has not been updated to reflect a date contemporaneous to filing. PostmarkDate: 01/10/2024
  42. Notice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Brief - Certificate of Service has not been updated to reflect a date contemporaneous to filing. Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard Issue Date: 01/11/2024
  43. Document Transmitted
  44. Received Document Motion to Stay Receive Date: 01/05/24 Motion to Stay pending review. PostmarkDate: 01/05/2024
  45. Received Document Receive Date: 01/05/24 Appellant's Brief - lacks separate attachment of order/judgment being appealed. PostmarkDate: 01/05/2024
  46. Notice of Defect Issued Appellant's Brief - lacks separate attachment of order/judgment being appealed. Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard Issue Date: 01/08/2024
  47. Document Transmitted
  48. Notice of Completion of Transcript Certificate of Service- Electronically Served 12/06/23 File Stamp: 12/06/2023
  49. Order Granting Court Reporter's Motion for Extension of Time order granting ct reporter extension Having reviewed the matter, the Court finds and orders as follows: 1. The Verified Motion for Extension of Time to File Transcript is granted. 2. The transcript is due on December 4, 2023. 3. The Clerk of the Court is directed to send this order to the parties and Court Reporter Hannah Musgrave. Judicial Officer: Altice, Robert R. Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 11/09/2023
  50. Note Order issued 11/9/23 is served on trial counsel only for appellee. No address was provided.
  51. Document Transmitted
  52. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 11/07/23 File Stamp: 11/07/2023
  53. Court Reporter's Motion for Extension of Time Certificate of Service- Electronically Served 11/08/23 File Stamp: 11/08/2023
  54. Order Granting Motion to Compel Trial Court Clerk's Record order granting motion to compel clerks record Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Compel Record on Appeal is granted. 2. Within five (5) days of the date of this order, the Elkhart Circuit and Superior Courts Clerk is directed to file the Notice of Completion of Clerk's Record with the Clerk of this Court and serve a copy of the Notice on the parties. 3. The Clerk of this Court is directed to send this order to the parties and the Elkhart Circuit and Superior Courts Clerk. Judicial Officer: Altice, Robert R. Party: ROUSH, KRISTIN Serve: Ciyou, Bryan Serve: Gullotta, Leonard File Stamp: 11/06/2023
  55. Note Order issued 11/6/23 is served on trial counsel only for appellee. No address was provided.
  56. Document Transmitted
  57. Motion to Compel Trial Court Clerk to Complete Record Verified Motion to Compel Record Certificate of Service- Electronically Served 10/31/23 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 10/31/2023
  58. Notice of Appeal Filed Certificate of Service- Electronically Served 09/27/23 Attorney: Ciyou, Bryan Party: ROUSH, KRISTIN File Stamp: 09/27/2023
  59. NOA Service to Trial Court Sent Date: 09/28/2023
  60. Document Transmitted

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