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Court

Indiana appeal court

Indiana

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Case Information

Filed 2024-06-13
Type Civil Plenary
Docket 67 entries
Disposition dismissed

Docket Entries

  1. rief - Response to Transfer Brief - Response to Transfer - Appellee Certificate of Service-Mailed 07/02/25 Attorney: Dismukes, Nicholas Party: Indiana Farm Bureau Insurance a/s/o Donald Gosma File Stamp: 07/02/2025
  2. ppendix Filed Volumes of Appendices: Two (2) Certificate of Service-Mailed 07/02/25 Attorney: Dismukes, Nicholas Party: Indiana Farm Bureau Insurance a/s/o Donald Gosma File Stamp: 07/02/2025
  3. etition to Transfer Certificate of Service-Mailed 05/20/2025 Attorney: Azimi-Zavarehee, Amir Party: Azimi-Zavarehee, Amir File Stamp: 06/12/2025
  4. rder Granting Motion for Permission to File a Belated Brief Order - Motion to File Petition to Transfer Being duly advised, the Court GRANTS Appellant's "Motion to File the Petition [to] Transfer the Case to Supreme Court of Indiana Belatedly." The Clerk is directed to file Appellant's transfer petition, received June 3, 2025, as of the date of this order. Any response brief is due no later than July 2, 2025. Judicial Officer: Rush, Loretta H. Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas File Stamp: 06/12/2025
  5. ocument Transmitted
  6. eceived Document Receive Date: 06/03/2025 Petition to Transfer and Appendix- Appellant**Untimely; Pending Ruling on Motion** PostmarkDate: 05/28/2025
  7. otion for Permission to File a Belated Brief/Petition Certificate of Service-Mailed 05/28/2025 Attorney: Azimi-Zavarehee, Amir File Stamp: 05/28/2025
  8. ote Payment for transfer fee tendered with motion and held pending ruling on motion to file belated.
  9. etter Issued Check Returned to Appellant with letter. Party: Azimi-Zavarehee, Amir Date Sent: 05/14/2025
  10. ocument Transmitted
  11. eceived Document Receive Date: 05/05/2025 Petition to Transfer- Appellant **Tendered with documents not permitted within the petition;Supporting documents(Pictures) should be submitted in the form of an Addendum or an appendix** PostmarkDate: 04/29/2025
  12. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Petition to Transfer- Appellant **Tendered with documents not permitted within the petition;Supporting documents(Pictures) should be submitted in the form of an Addendum or an Appendix** Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas Date Sent: 05/13/2025
  13. ocument Transmitted
  14. eceived Document Receive Date: 04/10/2025 Petition to Transfer- Appellant **Question presented on transfer must be page 2 immediately following cover page; lacks table of contents and table of authorities; lacks page number** PostmarkDate: 04/07/2025
  15. ote Payment for filing fee in the form of a money order held pending cure of Defect on Petition to Transfer.
  16. otice of Defect Issued Petition to Transfer-Appellant Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas Issue Date: 04/14/2025
  17. ocument Transmitted
  18. etition for Rehearing Certificate of Service-Mailed 02/15/25 Attorney: Azimi-Zavarehee, Amir Party: Azimi-Zavarehee, Amir File Stamp: 03/07/2025
  19. rder Denying Petition for Rehearing order denying rehearing Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of this Court is directed to file, as of the date of this order, Appellant's Petition for Re-Hearing the Case received on February 18, 2025. 2. Appellant's Petition for Re-Hearing the Case is denied. Kenworthy, Felix, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas Filing Date: 03/07/2025
  20. ocument Transmitted
  21. eceived Document Receive Date: 02/18/25 Petition for Rehearing - lacks cover page, table of contents and page numbers. PostmarkDate: 02/15/2025
  22. eceived from Trial Court/Agency Clerk Volumes of Exhibits - One (1) Received By-Mailed 01/27/2025 Postmark: 01/21/2025
  23. eceived Document Receive Date: 01/21/25 Two (2) Different Motions to File Appellant's Brief Belatedly, Neither motion contains a certificate of service. Furthermore, the Court already denied a request to file a belated brief and dismissed the case on 01/17/25. PostmarkDate: 01/17/2025
  24. eceived Document Receive Date: 01/21/25 Appellant's Brief - Brief is late PostmarkDate: 01/17/2025
  25. eceived Document Receive Date: 01/21/25 Appellant's Two (2) volume Appendix. Cover pages for each volume do not contain any case identifying information (case number, caption, etc.). Certificate of service indicates brief was served, not the appendix. PostmarkDate: 01/17/2025
  26. ote After scanning Appendix Vol 2 is was discovered that Appellant included duplicates copies of page 25 in appendix.
  27. etter Issued regarding Appellant's Motions to File Belated Brief & Brief & Appendix Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas Date Sent: 01/24/2025
  28. ocument Transmitted
  29. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of Exhibits - One (1) Volumes of Exhibits - One (1) *supplemental* Volumes of T/C - One (1) Received Electronically 1/17/2025 Postmark: 01/17/2025
  30. ote Trial court indicated it would mail the exhibit media volume.
  31. rder Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to File the Appellant's Brief Belatedly is denied, and this appeal is dismissed with prejudice. See Indiana Appellate Rule 45(D). 2. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Tippecanoe Circuit and Superior Courts Clerk. 3. The Tippecanoe Circuit and Superior Courts Clerk is directed to file this order under Cause Number 79D01-2209-PL-80, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Kenworthy, Felix, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas File Stamp: 01/17/2025
  32. rial Court Clerk Notified to Transmit Transcript Date Sent: 01/17/2025
  33. ocument Transmitted
  34. ocument Transmitted
  35. otion for Permission to File a Belated Brief/Petition Certificate of Service- Mailed 12/26/2024 Attorney: Azimi-Zavarehee, Amir File Stamp: 12/26/2024
  36. eceived Document Receive Date: 12/30/2024 Brief and Appendix- Appellant **untimely; appendix is incorrectly paginated** PostmarkDate: 12/26/2024
  37. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Brief and Appendix- Appellant **untimely; appendix is incorrectly paginated; Appendix volume two cover page must be page one and continue consecutively through the entire volume to the certificate of service** Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas Date Sent: 01/10/2025
  38. ocument Transmitted
  39. ourt Notified Regarding Non-compliance With Order order denying motion to dismiss No Appellant's Brief filed per order issued on 11/7/24.
  40. etransmission of Document Late & Defective Document Letter for Brief & Appendix - Appellant reissued to Appellant at mailing address rather than e-mail. Party: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas File Stamp: 12/11/2024
  41. ocument Transmitted
  42. ate & Defective Document Letter Issued Brief and Appendix-Appellant Serve: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas Issue Date: 12/11/2024
  43. ocument Transmitted
  44. eceived Document Receive Date: 11/27/2024 Brief and Appendix**Untimely; Incorrectly paginated; brief lacks appealed order; appendix is incorrectly formatted; incorrectly paginated** PostmarkDate: 11/21/2024
  45. rder Denying Motion to Dismiss order denying motion to dismiss Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Dismiss is denied. 2. Pursuant to the Court's September 18, 2024 order, Appellant's Brief is due on November 20, 2024. Judicial Officer: Altice, Robert R. Party: Indiana Farm Bureau Insurance a/s/o Donald Gosma Serve: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas File Stamp: 11/07/2024
  46. ocument Transmitted
  47. esponse to Motion to Dismiss Certificate of Service-Mailed 10/23/24 Attorney: Azimi-Zavarehee, Amir Party: Azimi-Zavarehee, Amir File Stamp: 10/23/2024
  48. mended Notice of Completion of Transcript *Supplement to Volume 3* Certificate of Service-Mailed and Electronically Served 10/21/24 File Stamp: 10/21/2024
  49. eceived Court Reporter's Notice of Filing of Transcript (Exhibit A and D) Received on: 10/21/24 PostmarkDate: 10/21/2024
  50. otion to Dismiss Motion to Dismiss Appeal Certificate of Service-Mailed 10/14/24 Attorney: Dismukes, Nicholas Party: Indiana Farm Bureau Insurance a/s/o Donald Gosma File Stamp: 10/14/2024
  51. rder Issued order acknowledging notice to court re exhibits Having reviewed the matter, the Court finds and orders as follows: 1. The Court Reporter's Notice to the Court to Appeals Regarding Exhibits and Transcript is acknowledged. 2. Within ten (10) days of the date of this order, Appellant is ordered to (1) provide the court reporter with copies of Exhibits A and D that were introduced into evidence during the bench trial held on March 21, 2023; or (2) file a Notice with the Clerk of the Court stating Appellant is unable to provide replacement copies of Exhibits A and D. 3. If the exhibits are replaced, then Court Reporter Bryan is ordered to file with the trial court clerk a Supplemental Exhibit Volume containing Exhibits A and D admitted during the March 21, 2024 bench trial within fifteen (15) days of the date of this order. 4. Within five (5) days of the date the Supplemental Exhibits Volume is filed, the trial court clerk shall file an Amended Notice of Completion of Transcript with the Clerk of this Court and serve a copy of the Amended Notice on the parties. 5. 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. 6. The Clerk of the Court is directed to send this order to the parties, Judge Randy J. Williams of the Tippecanoe Superior Court, Court Reporter Deborah Bryan, and the Tippecanoe Circuit and Superior Courts Clerk. 7. The Tippecanoe Circuit and Superior Courts Clerk is directed to file this order under Cause Number 79D01-2209-PL-80 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: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas File Stamp: 09/18/2024
  52. ocument Transmitted
  53. otice of Completion of Transcript Certificate of Service-Mailed to Appellant and electronically served Atty. Dismukes 09/05/24 File Stamp: 09/05/2024
  54. eceived Court Reporter's Notice of Filing of Transcript Received on: 09/04/24 PostmarkDate: 09/04/2024
  55. otice to the Court of Appeals Regarding Exhibits and Transcript Certificate of Service-Mailed to Appellant and AG served electronically 09/04/24 File Stamp: 09/04/2024
  56. 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 August 30, 2024. 3. The Clerk of the Court is directed to send this order to the parties and Court Reporter Deborah Bryan. Judicial Officer: Altice, Robert R. Serve: Azimi-Zavarehee, Amir Serve: Dismukes, Nicholas File Stamp: 08/01/2024
  57. ocument Transmitted
  58. ourt Reporter's Motion for Extension of Time Certificate of Service-Method not specified for all parties. 07/29/24 File Stamp: 07/29/2024
  59. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service-Mailed to Amir Azimi-Zavarehee and Electronically Served to Nicholas Dismukes 07/15/24 File Stamp: 07/15/2024
  60. mended Notice of Appeal Filed Certificate of Service-Mailed 07/09/24 Attorney: Azimi-Zavarehee, Amir Party: Azimi-Zavarehee, Amir File Stamp: 07/09/2024
  61. OA Service to Trial Court Amended NOA Sent Date: 07/11/2024
  62. ocument Transmitted
  63. ppearance (Nicholas R. Dismukes) Certificate of Service-Mailed 07/03/24 Attorney: Dismukes, Nicholas Party: Indiana Farm Bureau Insurance a/s/o Donald Gosma File Stamp: 07/03/2024
  64. otice of Appeal Filed Certificate of Service-Method not Specified 06/13/24 Attorney: Azimi-Zavarehee, Amir Party: Azimi-Zavarehee, Amir File Stamp: 06/13/2024
  65. OA Service to Trial Court Sent Date: 06/20/2024
  66. otice Regarding Case Creation Party: Azimi-Zavarehee, Amir Notice Sent: 06/20/2024
  67. ocument Transmitted

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