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Court

Indiana appeal court

Indiana

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Case Information

Filed 2024-05-17
Type Miscellaneous
Docket 36 entries
Disposition appeal is dismissed

Docket Entries

  1. rder Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Because Appellant has not filed an Amended Appendix, this appeal is dismissed with prejudice. 2. The Clerk of this Court is directed to send this order to the parties, the trial court, and the Rush Circuit and Superior Courts Clerk. 3. The Rush Circuit and Superior Courts Clerk is directed to file this order under Cause Number 70D01-2404-MI-170, 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: Rokita, Theodore Serve: Sherman, George Serve: Starkey, Aaron File Stamp: 09/04/2024
  2. ocument Transmitted
  3. ourt Notified Regarding Non-compliance With Order order granting motion to set new due date Appellant's Amended Appendix not filed as was directed in the order issued 06/28/24
  4. otice of Defect Cured Clerk Comments: Brief- Appellant Party: Starkey, Aaron Serve: Sherman, George Serve: Starkey, Aaron File Stamp: 06/17/2024
  5. orrected Entry Notice of Defect cured should indicate file stamp date of 06/13/2024
  6. otice of Defect Cured Clerk Comments: Brief-Appellant Party: Starkey, Aaron Serve: Sherman, George File Stamp: 06/13/2024
  7. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Appendix- Appellant Serve: Sherman, George Serve: Starkey, Aaron Date Sent: 07/25/2024
  8. ocument Transmitted
  9. ocument Transmitted
  10. eceived Document Receive Date: 07/19/2024 Brief and Appendix- Appellant **Brief was previously filed; Appendix volumes one and two were tendered as one PDF. ** PostmarkDate: 07/19/2024
  11. otice of Defect Not Cured Letter Issued Clerk Comments:Brief and Appendix- Appellant **Brief was previously filed; appellant must seek leave to file amended; Appendix was tendered with both volumes in one PDF; Appendix must be tendered with each volume in a separate PDF document** Party: Starkey, Aaron Serve: Sherman, George Issue Date: 07/19/2024
  12. ocument Transmitted
  13. rder Granting Motion to Set Due Date order granting motion to set new due date Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Set New Due Date Based on the Date the Appellant's Appendix is Filed is granted. 2. Within thirty (30) days of the date of this order, Appellant is ordered to file an Amended Appendix, which fully complies with Appellate Rule 50. 3. Failure by Appellant 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 the Amended Appendix is filed. Judicial Officer: Altice, Robert R. Party: State of Indiana Serve: Rokita, Theodore Serve: Sherman, George Serve: Starkey, Aaron File Stamp: 06/28/2024
  14. ocument Transmitted
  15. otion to Set Due Date Motion for New Due Date - Appellee Certificate of Service-Mailed 06/24/24 Attorney: Sherman, George Party: State of Indiana File Stamp: 06/24/2024
  16. otice of Defect Issued Appendix- Appellant Party: Starkey, Aaron Serve: Sherman, George Serve: Starkey, Aaron Issue Date: 06/17/2024
  17. ocument Transmitted
  18. rief - Appellant Certificate of Service- Electronically Served 05/30/2024 Attorney: Starkey, Aaron Party: Starkey, Aaron File Stamp: 06/13/2024
  19. eceived Document Receive Date: 06/13/2024 Appendix- Appellant ** Lacks separate volume for table of contents; lacks certificate of service and verification of accuracy; does not appear to comply with Content requirements outlined in App. R. 50; tendered with attachments not contained within a proper appendix** PostmarkDate: 06/13/2024
  20. ppearance by Deputy AG Certificate of Service-Mailed 06/14/24 DAG: Sherman, George Party: State of Indiana File Stamp: 06/14/2024
  21. rder Granting Motion to Proceed in Forma Pauperis order granting pauper status order granting pauper status Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Proceed on Appeal In Forma Pauperis is granted. 2. Pursuant to Indiana Appellate Rule 40, Appellant may proceed on appeal in forma pauperis and is relieved of the obligation to pay the appellate filing fee. 3. The Clerk of the Court is directed to correct the docket to reflect that Appellant's first name is "Aaron". Mathias, Kenworthy, JJ., Robb, Sr. J., concur. Judicial Officer: Altice, Robert R. Party: Starkey, Aaron Serve: Rokita, Theodore File Stamp: 06/07/2024
  22. iling Fee Paid/Rule 40 Compliance Submitted
  23. ocument Transmitted
  24. eceived Document Receive Date: 06/04/2024 Brief and Appendix- Appellant **Filing fee not paid; lacks appealed order; certificate of service for brief is unclear; clerks office cannot perfect service; Appendix was tendered with two volumes in one PDF document; lacks certificate of service** PostmarkDate: 06/04/2024
  25. otice of Defect Issued Brief and Appendix- Appellant Party: Starkey, Aaron Serve: Rokita, Theodore Serve: Starkey, Aaron Issue Date: 06/05/2024
  26. ocument Transmitted
  27. otion to Proceed in Forma Pauperis Certificate of Service- Electronically Served 05/13/2024*as stated* Attorney: Starkey, Aaron File Stamp: 05/31/2024
  28. ursuant to App.R. 23(D), Parties Notified of Filing Clerk Comments:Motion for Pauper- Appellant Serve: Rokita, Theodore Serve: Starkey, Aaron Sent Date: 06/03/2024
  29. ocument Transmitted
  30. otice of Completion of Clerk's Record Transcript Not Requested/Not Available Certificate of Service-Mailed (no parties identified by name for service) 05/20/24 File Stamp: 05/20/2024
  31. otice of Appeal Filed Certificate of Service- Electronically Served 05/13/24 (as stated) Attorney: Starkey, Aaron Party: Starkey, Aaron File Stamp: 05/17/2024
  32. OA Service to Trial Court Sent Date: 05/17/2024
  33. iling Fee Not Paid/Rule 40 Compliance Missing
  34. otice Regarding Case Creation Party: Starkey, Aaron Notice Sent: 05/17/2024
  35. eceived Document Receive Date: 05/17/24 Notice of Appearance by Aarron Starkey - Notice of Appeal serves as appearance. PostmarkDate: 05/17/2024
  36. ocument Transmitted

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