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Court

Indiana appeal court

Indiana

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Case Information

Filed 2023-01-11
Type Estate, Supervised
Docket 61 entries
Disposition affirmed

Docket Entries

  2. ocument Transmitted
  3. rder Denying Petition to Transfer Order - Transfer Appellant's petition to transfer denied. All Justices concur. Judicial Officer: Rush, Loretta H. Party: King, LaTonya Serve: King, Joyce Serve: Potts, Christopher File Stamp: 04/25/2024
  4. ocument Transmitted
  5. ransmitted on Transfer (Supreme Court)
  6. etition to Transfer Certificate of Service- Electronically Served 02/05/2024 Attorney: King, LaTonya File Stamp: 02/05/2024
  7. pinion Issued Memorandum Decision MEMORANDUM DECISION Affirmed, Mathias, J. Riley, J., and Crone, J., concur. Judicial Officer: Mathias, Paul D. Serve: King, LaTonya Serve: Potts, Christopher File Stamp: 12/21/2023
  8. ocument Transmitted
  9. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1) Volumes of T/C - One (1) Disk Received By-Mailed 11/17/2023 Postmark: 11/08/2023
  10. ase Fully Briefed Oral Argument Requested: No FB Date: 12/04/2023
  11. ransmitted to Court of Appeals
  12. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) (Supplemental) Received Electronically 11/07/23 Postmark: 11/07/2023
  13. rial Court Clerk Notified to Transmit Transcript Date Sent: 11/06/2023
  14. ocument Transmitted
  15. rief - Appellant Certificate of Service- Electronically Served 09/16/2023 Attorney: King, LaTonya Party: King, LaTonya File Stamp: 09/16/2023
  16. eceived Document Receive Date: 09/16/2023 Brief-Appellant**Duplicate copy** PostmarkDate: 09/16/2023
  17. eceived Document Receive Date: 09/16/2023 Appendix- Appellant **Previously Filed** PostmarkDate: 09/16/2023
  18. otice of Defect Cured- Appellant Certificate of Service- Electronically Served 09/16/2023 Attorney: King, LaTonya Party: King, LaTonya File Stamp: 09/16/2023
  19. otice of Defect Cured Clerk Comments: Brief-appellant Party: King, LaTonya Serve: King, LaTonya File Stamp: 09/16/2023
  20. ocument Transmitted
  21. eceived Document Receive Date: 09/11/2023 Brief-Appellant**lacks appealed order** PostmarkDate: 09/11/2023
  22. ppendix Filed Volumes of Appendices: 2 Certificate of Service- Electronically Served 09/11/2023 Attorney: King, LaTonya Party: King, LaTonya File Stamp: 09/11/2023
  23. otice of Defect Issued Brief-Appellant Party: King, LaTonya Serve: King, LaTonya Issue Date: 09/12/2023
  24. ocument Transmitted
  25. otice of Completion of Transcript Certificate of Service- Electronically Served 08/10/23 File Stamp: 08/10/2023
  26. rder Issued order granting motion for additional hearing transcript Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Second Motion for Additional Hearing Transcript From St. Joseph Probate Court is granted. 2. Within forty-five (45) days of the date of this order, Court Reporter Adalid Ortiz is ordered to complete and file a supplemental transcript of the April 19, 2021 hearing with the St. Joseph Circuit and Superior Courts Clerk. 3. Within five (5) days of the date that Court Reporter Ortiz files the supplemental transcript, the St. Joseph Circuit and Superior Courts Clerk is directed to file an Amended Notice of Completion of Transcript with the Clerk of this Court and to serve a copy of the Amended Notice on the parties. 4. Appellant's brief shall be filed within thirty (30) days of the date that the Amended Notice of Completion of Transcript is served. 5. The Clerk of this Court is directed to send this order to the parties, Court Reporter Ortiz, Judge Jason Cichowicz of the St. Joseph Probate Court, and the St. Joseph Circuit and Superior Courts Clerk. 6. The St. Joseph Circuit and Superior Courts Clerk is directed to file this order under Cause Number 71J01-2009-ES-160, 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: King, LaTonya Serve: Potts, Christopher File Stamp: 06/26/2023
  27. ote Order issued 6/26/23 was served on Trial Counsel for Appellee only. No address was provided.
  28. ocument Transmitted
  29. ocument Filed Second Motion for Additional Hearing Transcript Certificate of Service- Electronically Served 06/20/23 Attorney: King, LaTonya File Stamp: 06/20/2023
  30. rder Issued order accepting court reporter's advisement Having reviewed the matter, the Court finds and orders as follows: 1. Court Reporter Adalid Ortiz's Advisement to the Court is accepted. Court Reporter Ortiz is relieved of the obligation to prepare a supplemental transcript for this appeal. 2. Appellant's brief shall be filed within thirty (30) days of the date of this order. 3. Failure to comply with this order may result in dismissal of this appeal with prejudice. 4. The Clerk of this Court is directed to send this order to the parties, Court Reporter Ortiz, and the St. Joseph Circuit and Superior Courts Clerk. 5. The St. Joseph Circuit and Superior Courts Clerk is directed to file this order under Cause Number 71J01-2009-ES-160, 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: King, Joyce Serve: King, LaTonya Serve: Potts, Christopher File Stamp: 06/06/2023
  31. ote Order issued 6/6/23 was served on appellee's trial counsel only because no address for appellee was provided.
  32. ocument Transmitted
  33. otice Advisement to the Court Certificate of Service-Mailed 05/31/23 File Stamp: 06/02/2023
  34. rder Issued order granting motion for supp transcript Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion for Supplemental Transcript is granted. If she has not already done so, Appellant is directed to make appropriate payment arrangements with Court Reporter Adalid Ortiz for preparation of the requested supplemental transcript. See App. R. 9(H). 2. The Court's May 12, 2023 order remains in full force and effect. 3. The Clerk of this Court is directed to send this order to the parties, Judge Jason A. Cichowicz of the St. Joseph Probate Court, Court Reporter Adalid Ortiz, and the St. Joseph Circuit and Superior Courts Clerk. 4. The St. Joseph Circuit and Superior Courts Clerk is directed to file this order under Cause Number 71J01-2009-ES-160, 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: King, Joyce Serve: King, LaTonya Serve: Potts, Christopher File Stamp: 06/01/2023
  35. ote Order issued 6/1/23 was served on appellee's trial counsel only because no address for appellee was provided.
  36. ocument Transmitted
  37. ocument Filed Motion for Supplemental Transcript- Appellant Certificate of Service- Electronically Served 05/16/2023 Attorney: King, LaTonya File Stamp: 05/16/2023
  38. rder Issued order granting belated brief Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of this Court is directed to file the Appellant's Belated Verified Motion for Extension to File Appellant's Brief as of the date of this order. 2. Appellant's Belated Verified Motion for Extension to File Appellant's Brief is granted in part. 3. Appellant's Motion for Additional Hearing Transcripts from St. Joseph Probate Court is also granted in part. 4. Within ten (10) days of the date of this order, Appellant shall file a motion for supplemental transcript in the trial court and make appropriate payment arrangements with Court Reporter Adalid Ortiz for preparation of the requested supplemental transcript. See App. R. 9(G) and (H). 5. Within thirty (30) days of the date of this order, Court Reporter Ortiz is ordered to prepare and file with the St. Joseph Circuit and Superior Courts Clerk the requested supplemental transcript. 6. Within five (5) days of the date the supplemental transcript is filed, the St. Joseph Circuit and Superior Courts Clerk is directed to serve an Amended Notice of Completion of Transcript on the Clerk of this Court and the parties. 7. Appellant's brief and appendix are due no later than thirty (30) days from the date the Amended Notice of Completion of Transcript is served, as a final extension. 8. Failure to timely comply with the Court's order may result in dismissal of this appeal. 9. The Clerk of this Court is directed to send this order to the parties, Judge Jason A. Cichowicz of the St. Joseph Probate Court, Court Reporter Adalid Ortiz, and the St. Joseph Circuit and Superior Courts Clerk. 10.The St. Joseph Circuit and Superior Courts Clerk is directed to file this order under Cause Number 71J01-2009-ES-160, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Pyle, Weissmann, JJ., Najam, Sr. J., concur. Judicial Officer: Altice, Robert R. Serve: King, Joyce Serve: King, LaTonya Serve: Potts, Christopher File Stamp: 05/12/2023
  39. ote Order issued 5/12/23 was served on appellee's trial counsel only because no address for appellee was provided.
  40. ocument Transmitted
  41. otion for Extension of Time to File Brief Certificate of Service- Electronically Served 05/03/23 Attorney: King, LaTonya Party: King, LaTonya File Stamp: 05/12/2023
  42. eceived Document Receive Date: 05/03/23 "Belated" Motion for Extension of Time PostmarkDate: 05/03/2023
  43. ocument Filed Motion for Additional Hearing Transcripts from St. Joseph Probate Court Certificate of Service- Electronically Served 05/03/23 Attorney: King, LaTonya File Stamp: 05/03/2023
  44. otice of Completion of Transcript Method of Service Not Provided/Not Specified 03/29/23 File Stamp: 03/29/2023
  45. rder 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 in part as a final extension. 2. The transcript is due within fifteen (15) days of the date of this order. 3. The Clerk of the Court is directed to send this order to the parties and Court Reporter Adalid Ortiz. Judicial Officer: Altice, Robert R. Serve: King, LaTonya Serve: Potts, Christopher File Stamp: 03/15/2023
  46. ote Order issued 2/28/23 was served on appellee's trial counsel only because no address for appellee was provided.
  47. ocument Transmitted
  48. ourt Reporter's Motion for Extension of Time Certificate of Service- Electronically Served 03/10/23 File Stamp: 03/10/2023
  49. rder 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 March 10, 2023. 3. The Clerk of the Court is directed to send this order to the parties and Court Reporter Adalid Ortiz. Judicial Officer: Altice, Robert R. Serve: King, LaTonya Serve: Potts, Christopher File Stamp: 02/28/2023
  50. ote Order issued 2/28/23 was served on appellee's trial counsel only because no address for appellee was provided.
  51. ocument Transmitted
  52. ourt Reporter's Motion for Extension of Time Certificate of Service- Electronically Served 02/24/23 File Stamp: 02/27/2023
  53. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 02/09/23 File Stamp: 02/09/2023
  54. etransmission of Document The Notice of Appeal filed 1/11/23 is retransmitted to serve the St. Joseph County Clerk's office due to Odyssey transmission errors on 1/12/23. Party: King, LaTonya File Stamp: 01/11/2023
  55. ocument Transmitted
  56. otice of Appeal Filed Certificate of Service- Electronically Served 01/11/23 Attorney: King, LaTonya Party: King, LaTonya File Stamp: 01/11/2023
  57. OA Service to Trial Court Sent Date: 01/12/2023
  58. otice Regarding Case Creation Party: King, LaTonya Serve: King, LaTonya Notice Sent: 01/12/2023
  59. eceived Document Receive Date: 01/11/23 Notice of Appearance - not needed: NOA serves as appearance. PostmarkDate: 01/11/2023
  60. ocument Transmitted
  61. ocument Transmitted

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