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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-07-18
Type Small Claim
Docket 98 entries
Disposition appeal is dismissed

Docket Entries

  1. otice of Change of Address Certificate of Service- Mailed 04/12/2024 Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 04/12/2024
  2. rder 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 orders requiring him to file an appendix, this appeal is dismissed with prejudice. 2. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Madison Circuit Courts Clerk. 3. The Madison Circuit Courts Clerk is directed to file this order under Cause Number 48C05-2103-SC-214, 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: Barrow, Frances Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 04/11/2024
  3. ocument Transmitted
  4. ourt Notified Regarding Non-compliance With Order order denying motion to inform court No Appellant's Appendix filed per order issued on 3/11/24.
  5. rder Issued order denying motion to inform court Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Inform Court Re: Brief Appendix Filed January 9, 2024 is denied. 2. Pursuant to the Court's February 15, 2024 order, Appellant's Appendix is due on March 21, 2024. 3. Failure to timely file Appellant's Appendix or fully comply with the Court's February 15, 2024 order may result in the dismissal of this appeal. Judicial Officer: Altice, Robert R. Serve: Barrow, Frances Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 03/11/2024
  6. ocument Transmitted
  7. eceipt of Delivery Name of Recipient: Jasper Frazier Date of Receipt: 2/20/24
  8. orrected Entry The docket is correct to show the correct recipient for the Receipt of Delivery entry dated 2/29/24.
  9. eceipt of Delivery Name of Recipient: J. Bates Date of Receipt: 2/20/24
  10. ocument Filed Motion to Inform- Appellant Certificate of Service- Mailed 02/03/2024 Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 02/21/2024
  11. otice of Defect Cured Clerk Comments: Motion to Inform- Appellant Party: Frazier, Jasper Serve: Barrow, Frances Serve: Frazier, Jasper File Stamp: 02/21/2024
  12. ocument Transmitted
  13. eceived Document Receive Date: 02/12/1997 Motion to Inform- Appellant **Lacks Certificate of Service** PostmarkDate: 02/08/2024
  14. otice of Defect Not Cured Letter Issued Clerk Comments:Motion to Inform- Appellant **Lacks Certificate of Service; A certificate of service must be tendered at the end of every document you intend to file** Party: Frazier, Jasper Serve: Barrow, Frances Issue Date: 02/16/2024
  15. ocument Transmitted
  16. rder Issued order denying request for documents Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Request for Documents is denied. 2. Pursuant to Appellate Rule 12(A), Appellant may obtain a copy of the Clerk's Record from the trial court clerk, subject to the payment of any usual and customary copying charges. 3. Within five (5) days of the date of this order, the Clerk of the Court is directed to return to Appellant the Appendix that was received on January 16, 2024. 4. Within thirty-five (35) days of the date of this order, Appellant is ordered to file an Appendix that fully complies with the Rules of Appellate Procedure. 5. Failure to comply with this order may result in the dismissal of this appeal. Judicial Officer: Altice, Robert R. Serve: Barrow, Frances Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 02/15/2024
  17. ocument Transmitted
  18. ote Per the order issued 2/15/24, Appellant's Appendix has been mailed back via USPS on 2/15/24.
  19. ertified Mail Receipt No.: 9589 0710 5270 0877 5309 04 Recipient: Jasper Frazier Name of Document: Appellant's Appendix
  20. ocument Filed Request for Documents- Appellant Certificate of Service- Mailed 01/22/2024 Attorney: Frazier, Jasper File Stamp: 01/22/2024
  21. otice of Defect Issued Motion to Inform- Appellant Party: Frazier, Jasper Serve: Barrow, Frances Serve: Frazier, Jasper Issue Date: 01/24/2024
  22. ocument Transmitted
  23. eceived Document Receive Date: 01/16/2024 Motion to Inform; Brief; and Appendix- Appellant **Brief was previously filed; lacks appealed order; Appendix lacks separate volume for table of contents and appears to contain table of authorities and sections of the brief; motion to inform appears to lack service to opposing party** PostmarkDate: 01/10/2024
  24. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments; Brief and Appendix- Appellant **Brief was previously filed and lacks appealed order; Appendix lacks separate volume for table of contents and appears to contain table of authorities and sections of the brief; The Appendix must consist of a minimum of two volumes; volume one should contain a cover page, the table of contents, and the verification of accuracy and certificate of service; volume two must consist of cover page followed by all documents listed in table of contents; the appendix should not contain argument and should consist of all documents outlined in appellate rule 50** Party: Frazier, Jasper Serve: Barrow, Frances Date Sent: 01/23/2024
  25. ocument Transmitted
  26. eceived Document Receive Date: 01/16/2024 Motion for Counsel to File a Response and or help Appellate Litigate this Case-Appellant **Lacks service to opposing party** PostmarkDate: 01/12/2024
  27. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Motion for Clerk- Appellant Party: Frazier, Jasper Serve: Barrow, Frances Serve: Frazier, Jasper Date Sent: 01/16/2024
  28. ocument Transmitted
  29. rder Issued order granting in part motion to verify Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Verify Brief Appendix File from East Jersey State Prison Mailroom is granted in part. 2. Pursuant to this Court's December 21, 2023 order, Appellant's Appendix is due by January 22, 2024. 3. Failure to comply with this order may result in the dismissal of this appeal. 4. Appellee's Brief is due within thirty (30) days of the date Appellant's Appendix is filed. Judicial Officer: Altice, Robert R. Serve: Barrow, Frances Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 01/12/2024
  30. ocument Transmitted
  31. ocument Filed Motion to Verify Brief and Appendix File from East Jersey State Prison Certificate of Service- Mailed 12/07/2023 Attorney: Frazier, Jasper File Stamp: 12/20/2023
  32. eceipt of Delivery Name of Recipient: J.B. Date of Receipt: 12/18/23
  33. rder Issued order granting, in part, appellant's motion to inform Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Inform East Jersey State Prison Mailroom Custody Remove Appendix from Prior Brief is granted in part. 2. Appellant is ordered to file an Appendix that fully complies with Appellate Rules 50 and 51 within thirty (30) days of the date of this order. 3. Failure to comply with this order may result in the dismissal of this appeal. 4. Appellee's Brief is due within thirty (30) days of the date Appellant's Appendix is filed. Judicial Officer: Altice, Robert R. Serve: Barrow, Frances Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 12/21/2023
  34. ocument Transmitted
  35. ocument Filed Motion to Inform-Appellant Certificate of Service-Mailed 12/06/2023*Prison Mailbox* Attorney: Frazier, Jasper File Stamp: 12/06/2023
  36. mended Brief - Appellant Certificate of Service- Mailed 12/06/2023*Prison Mailbox* Attorney: Frazier, Jasper File Stamp: 12/06/2023
  37. orrected Entry Amended Brief entry should indicate Brief- Appellant
  38. rief - Appellant Certificate of Service- Mailed 12/06/2023 Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 12/06/2023
  39. rder 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 Motion for Extension of Time is granted as a final extension. 2. Within five (5) days of the date of this order, the Clerk of the Court is directed to return to Appellant the brief and appendix that were received on October 11, 2023 and the brief that was received on November 16, 2023. 3. Appellant's Brief is due within thirty-five (35) days of the date of this order. 4. Failure to comply with this order may result in the dismissal of this appeal. See Ind. Appellate Rule 45(D). Judicial Officer: Altice, Robert R. Party: Frazier, Jasper Serve: Barrow, Frances Serve: Rokita, Theodore File Stamp: 12/14/2023
  40. ocument Transmitted
  41. ertified Mail Receipt No.: 9589 0710 5270 0877 5307 13 Recipient: Jasper Frazier Name of Document: Order issued 12/14/23, brief and appendix that were received on 10/11/23 and the brief that was received on 11/16/23.
  42. otion for Extension of Time to Fix Documents and send copy of brief- Appellant Certificate of Service- Mailed 11/29/2023 Attorney: Frazier, Jasper File Stamp: 11/30/2023
  43. etter Issued Party: Frazier, Jasper Date Sent: 12/06/2023
  44. ocument Transmitted
  45. eceived Document Receive Date: 11/28/2023 Motion to Verify Brief was filed and Resend Copy dated 11/13/2023- Appellant **Certificate of service lacks service to opposing party** PostmarkDate: 11/20/2023
  46. ppearance by Deputy AG Certificate of Service-Mailed 11/29/23 DAG: Barrow, Frances Party: Indiana Department of Corrections File Stamp: 11/29/2023
  47. otice of Defect Issued Motion for Clerk- Appellant Party: Frazier, Jasper Serve: Rokita, Theodore Issue Date: 11/29/2023
  48. ocument Transmitted
  49. eceived Document Receive Date: 11/17/2023 Motion to Clerk- Appellant **Lacks date of service; does not clearly indicate date and method of service to opposing party** PostmarkDate: 11/14/2023
  50. rder Issued order denying motion to inform Having reviewed the matter, the Court finds and orders as follows: Appellant's Motion to Inform New Jersey Department of Correction Denying Appellant Access to Lower Court on Appellee Behalf is denied. Judicial Officer: Altice, Robert R. Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 11/28/2023
  51. ocument Transmitted
  52. ocument Filed Motion to Inform New Jersey Department of Corrections Denying Appellant Access to Cover Court on Appellee Behalf- Appellant Certificate of Service- Mailed 11/01/2023 Attorney: Frazier, Jasper File Stamp: 11/01/2023
  53. eceived Document Receive Date: 11/16/2023 Brief- Appellant **Document is titled as a Brief and appendix but only appears to be a brief; Document is incorrectly paginated; cover page should be page one and continue consecutively through the entire brief. PostmarkDate: 11/01/2023
  54. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Brief- Appellant **Document is titled as a Brief and appendix but only appears to be a brief; Document is incorrectly paginated; cover page should be page one and continue consecutively through the entire brief** Party: Frazier, Jasper Serve: Rokita, Theodore Date Sent: 11/22/2023
  55. ocument Transmitted
  56. eceived Document Receive Date: 10/30/2023 Correspondence- Appellant **Certificate of service clacks service to opposing party; Issue regarding brief and appendix appears to have been addressed by court order issued 11/01/2023** PostmarkDate: 10/24/2023
  57. rder Issued order granting extension of time Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Extension of Time is granted. 2. To the extent Appellant's Motion to Inform Re: Notice of Defect seeks relief, such relief is denied. 3. Appellant's Brief is due on December 11, 2023. Judicial Officer: Altice, Robert R. Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 11/14/2023
  58. ocument Transmitted
  59. otion for Extension of Time to File Brief Certificate of Service- Mailed 10/22/2023*Prison Mailbox* Attorney: Frazier, Jasper File Stamp: 10/22/2023
  60. ocument Filed Motion to Inform Re: Notice of Defect-Appellant Certificate of Service-Mailed 10/15/2023*Prison Mailbox* Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 10/15/2023
  61. rder Issued order granting in part motion for information Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Information Re: Brief and Appendix is granted in part. 2. Appellant is directed to refer to Appellate Rule 24 for information regarding service of the Brief and Appendix. Judicial Officer: Altice, Robert R. Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 11/01/2023
  62. ocument Transmitted
  63. eceived Document Receive Date: 10/11/2023 Brief and Appendix- Appellant **Appendix lacks verification of accuracy; appendix is incorrectly paginated; lacks certificate of service; brief lacks appealed order; is incorrectly paginated; certificate of service lacks service to opposing party** PostmarkDate: 10/02/2023
  64. otice of Defect Issued Brief and Appendix-Appellants Party: Frazier, Jasper Serve: Rokita, Theodore Issue Date: 10/18/2023
  65. ocument Transmitted
  66. rder Issued order granting motion to inform Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Inform Re: Filing Fee is granted in part. 2. Within ten (10) days of the date of this order, the Clerk of the Court is directed to provide Appellant with a copy of the docket for this appeal. Judicial Officer: Altice, Robert R. Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 10/17/2023
  67. ote Order issued 10/17/23 and the chronological case summary for this appeal were sent to the appellant via mail on 10/17/23.
  68. ocument Transmitted
  69. ocument Filed Motion for Information Re: Brief and Appendix Certificate of Service- Mailed 10/01/2023*Prison Mailbox* Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 10/01/2023
  70. eceived Document Receive Date: 10/02/2023 Motion to Proceed on Appeal in Forma Pauperis- Appellant **pauper was established in order issued 09/22/2023** PostmarkDate: 09/26/2023
  71. ocument Filed Motion to Inform-Appellant Certificate of Service-Mailed 09/24/2023*Prison Mailbox* Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 09/24/2023
  72. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Motion for Information on Notice of Appeal- Appellant Party: Frazier, Jasper Serve: Frazier, Jasper Serve: Rokita, Theodore Date Sent: 10/05/2023
  73. ocument Transmitted
  74. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Motion to Inform the Plaintiff Needs Indiana Appellant Rules to Litigate this case-appellant Party: Frazier, Jasper Serve: Rokita, Theodore Date Sent: 10/05/2023
  75. ocument Transmitted
  76. rder Issued order denying motion in retrieving legal docs Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file Appellant's Motion to Appellant in Retrieving Legal Documents From Lower Court and Motion for This Court to Give Plaintiff-Appellant a Copy of Initial Filing 3/17/2021 as of the date of this order. 2. Appellant's request to proceed on appeal in forma pauperis is granted. Pursuant to Appellate Rule 40, Appellant is relieved of the obligation to pay the filing fee. 3. Appellant's Motion to Appellant in Retrieving Legal Documents From Lower Court and Motion for This Court to Give Plaintiff-Appellant a Copy of Initial Filing 3/17/2021 are otherwise denied. 4. Pursuant to Appellate Rule 12(A), Appellant may obtain a copy of the Clerk's Record from the trial court clerk, subject to the payment of any usual and customary copying charges. 5. Because Appellant did not request a transcript in his Notice of Appeal, Appellant's brief and appendix shall be filed within thirty (30) days of the date of this order. Mathias, Tavitas, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Frazier, Jasper Serve: Rokita, Theodore File Stamp: 09/22/2023
  77. ocument Transmitted
  78. iling Fee Paid/Rule 40 Compliance Submitted
  79. ocument Filed Motion to Appellant in Retrieving Legal Documents from Lower Court Certificate of Service-Mailed 08/29/23 *Prison Mailbox Rule* Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 09/22/2023
  80. ocument Filed Motion for This Court to Give Plaintiff-Appellant a Copy of Initial Filing 3/17/2021 Certificate of Service-Mailed 08/29/23 *Prison Mailbox Rule* Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 09/22/2023
  81. otice of Defect Issued Motion for Verification of Legal Filings IFP with 6 Month Account Balance- Appellant Party: Frazier, Jasper Serve: Frazier, Jasper Serve: Rokita, Theodore Issue Date: 09/19/2023
  82. ocument Transmitted
  83. eceived Document *Prison Mailbox* Receive Date: 09/06/2023 Motion for Verification of Legal Filings IFP with 6 Month Account Balance- Appellant **Filing fee not paid; does not indicate service to opposing party** PostmarkDate: 08/27/2023
  84. eceived Document Receive Date: 09/05/2023 Motion to Appellant in Retrieving Legal Documents from Lower Court- Appellant**Filing fee not paid** PostmarkDate: 08/29/2023
  85. eceived Document Receive Date: 09/05/2023 Motion for Court to Give Appellant Copy of Initial Filing-Appellant **Filing fee not paid** PostmarkDate: 08/29/2023
  86. otice of Defect Issued Motion to Inform the Plaintiff Needs Indiana Appellant Rules to Litigate this case- Appellant Party: Frazier, Jasper Serve: Frazier, Jasper Serve: Rokita, Theodore Issue Date: 09/07/2023
  87. ocument Transmitted
  88. eceived Document Receive Date: 08/28/2023 Motion to Inform the Plaintiff Needs Indiana Appellant Rules to Litigate this case-appellant **Filing fee has not been paid; tendered with attached Declaration in Support of Motion to Proceed in Forma Pauperis and wave fees. Attachments are labeled as exhibits; filing fee has not been paid; lacks service to opposing party** PostmarkDate: 08/21/2023
  89. otice of Defect Issued Motion for Information on Notice of Appeal-Appellant Party: Frazier, Jasper Serve: Frazier, Jasper Serve: Rokita, Theodore Issue Date: 08/23/2023
  90. ocument Transmitted
  91. eceived Document Receive Date: 08/18/2023 Motion for Information on Notice of Appeal- Appellant PostmarkDate: 08/14/2023
  92. ote Motion for Information lacks certificate of service and filing fee has not paid.
  93. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 08/16/23 File Stamp: 08/16/2023
  94. otice of Appeal Filed Certificate of Service-Method not Specified 07/17/23 (no service on opposing party; only addresses service to Appellate Clerk) Attorney: Frazier, Jasper Party: Frazier, Jasper File Stamp: 07/18/2023
  95. OA Service to Trial Court Sent Date: 07/25/2023
  96. iling Fee Not Paid/Rule 40 Compliance Missing
  97. otice Regarding Case Creation Party: Frazier, Jasper Serve: Frazier, Jasper Notice Sent: 07/25/2023
  98. ocument Transmitted

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