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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-06-15
Type Dc
Docket 31 entries
Disposition appeal is dismissed

Docket Entries

  1. Order Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Because Appellant has failed to comply with the Court's August 9, 2023 order, this appeal is dismissed with prejudice. 2. The Clerk of the Court is directed to send this order to the parties, Court Reporter Diane Stamatkin, 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 49D14-1809-DC-37181, 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. Serve: Hruby, Greg Serve: Self, Andria File Stamp: 12/19/2023
  2. Document Transmitted
  3. Court Notified Regarding Non-compliance With Order Filing Fee not paid and evidence of payment not filed as directed in the order issued 08/09/23.
  4. Retransmission of Order order to show cause appellant Order issued 8/9/23 is retransmitted to serve the Trial Court Judge. Judicial Officer: Altice, Robert R. File Stamp: 08/09/2023
  5. Document Transmitted
  6. Order Issued order to show cause appellant Having reviewed the matter, the Court finds and orders as follows: 1. The Court Reporter's Notice of Noncompliance of Payment Arrangement is accepted. 2. Court Reporter Stamatkin's obligation to prepare the transcript is stayed pending further order of the Court. 3. Within ten (10) days of the date of this order, Appellant is ordered to (1) pay the filing fee as required by Appellate Rule 9(E); and (2) show cause by filing evidence with the Clerk of this Court of appropriate payment to Court Reporter Stamatkin for preparation of the transcript, including any exhibits. 4. Failure to comply with this order may result in dismissal of this appeal. 5. The Clerk of the Court is directed to send this order to the parties, the trial court, Court Reporter Diane Stamatkin, 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 49D14-1809-DC-37181 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. Serve: Hruby, Greg Serve: Self, Andria File Stamp: 08/09/2023
  7. Document Transmitted
  8. Court Reporter's Notice of Non-Payment of Transcript No Certificate of Service File Stamp: 07/26/2023
  9. Letter Issued Party: Hruby, Greg Serve: Hruby, Greg Date Sent: 07/11/2023
  10. Document Transmitted
  11. Received Document Receive Date: 07/09/2023 Petition to Transfer and Proposed Order-appellant **Filing fee has not been paid; appears to be procedurally improper as no opinion has been issued and appeal has not been dismissed; Document also appears defective as it does not appear to contain a question presented on transfer as page two; document does not contain table of contents or table of authorities; document is not numbered** PostmarkDate: 07/09/2023
  12. Order Denying Motion to Proceed in Forma Pauperis order denying pauper status Having reviewed the matter, the Court finds and orders as follows: Appellant's Rule 40 Motion for Leave to So Proceed in Forma Pauperis is denied. Bailey, Kenworthy, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Hruby, Greg Serve: Hruby, Greg Serve: Self, Andria File Stamp: 06/30/2023
  13. Document Transmitted
  14. 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 Rule 39 Verified Motion for Emergency Stay Pending Appeal as of the date of this order. 2. Appellant's Rule 39 Verified Motion for Emergency Stay Pending Appeal is denied. 3. The Clerk of the Court is directed to send this order to the parties, the trial court, Magistrate Marie L. Kern, and the Marion Circuit and Superior Courts Clerk. 4. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49D14-1809-DC-37181 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, Kenworthy, JJ., Shepard, Sr. JJ., concur Judicial Officer: Altice, Robert R. Party: Hruby, Greg Serve: Hruby, Greg Serve: Self, Andria File Stamp: 06/23/2023
  15. Motion to Stay Trial Court Proceedings (App.R. 39) Certificate of Service- Electronically Served 06/15/23 Attorney: Hruby, Greg Party: Hruby, Greg File Stamp: 06/23/2023
  16. Document Transmitted
  17. Motion to Proceed in Forma Pauperis Certificate of Service- Electronically Served 06/21/23 Attorney: Hruby, Greg File Stamp: 06/21/2023
  18. Notice Correcting Defect in Notice of Appeal Certificate of Service- Electronically Served 06/15/23 (as stated) Attorney: Hruby, Greg Party: Hruby, Greg File Stamp: 06/21/2023
  19. Notice of Defect Cured Clerk Comments: Motion for Pauper Status Party: Hruby, Greg Serve: Hruby, Greg Serve: Self, Andria File Stamp: 06/21/2023
  20. Document Transmitted
  21. Notice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 06/22/23 File Stamp: 06/22/2023
  22. Received Document Receive Date: 06/15/23 Appellant's Emergency Motion for Stay and attachments - pauper status is pending PostmarkDate: 06/15/2023
  23. Received Document Receive Date: 06/15/23 Notice of Exclusion for Petitioner's Exhibit 33 (submitted with Motion for Stay) PostmarkDate: 06/15/2023
  24. Received Document Receive Date: 06/16/23 Copy of Preliminary Agreed Entry filed in trial court 01/19/2019 PostmarkDate: 06/16/2023
  25. Notice of Appeal Filed Certificate of Service- Electronically Served 06/15/23 Attorney: Hruby, Greg Party: Hruby, Greg File Stamp: 06/15/2023
  26. NOA Service to Trial Court Sent Date: 06/15/2023
  27. Notice Regarding Case Creation Party: Hruby, Greg Serve: Hruby, Greg Notice Sent: 06/15/2023
  28. Received Document Receive Date: 06/15/23 Motion for Pauper Status & Affidavit - missing copy of order denying pauper status although appellant's motion suggests pauper was granted. PostmarkDate: 06/15/2023
  29. Document Transmitted
  30. Document Transmitted
  31. Notice of Defect Issued Motion for Pauper Status Party: Hruby, Greg Serve: Hruby, Greg Serve: Self, Andria Issue Date: 06/15/2023

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