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Indiana appeal court

Indiana

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Case Information

Filed 2024-04-03
Type Miscellaneous
Docket 110 entries
Disposition dismissed

Docket Entries

  1. ocument Transmitted
  2. ocument Filed Factual Doctrine-Appellant Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 02/26/2025
  3. rder Issued order denying factual doctrine and legal precedents Having reviewed the matter, the Court finds and orders as follows: 1. The Clerk of the Court is directed to file the Appellant's "Factual Doctrine and Legal Precedents. . ." motion received on February 18, 2025, as of the date of this order. 2. To the extent, if any, Appellant's "Factual Doctrine and Legal Precedents" motion seeks relief, the motion is denied. 3. This matter is at an end. Judicial Officer: Altice, Robert R. Serve: Tinoka, McPherson File Stamp: 02/26/2025
  4. ocument Transmitted
  5. eceived Document Receive Date: 02/18/2025 Document Titled Factual Doctrine- Appellant**Case is inactive** PostmarkDate: 02/18/2025
  6. otice of Defect Issued Petition to Transfer-Appellant Party: Tinoka, McPherson Issue Date: 11/13/2024
  7. ocument Transmitted
  8. rder Denying Motion to File Oversized Document Order - Deny oversized petition Being duly advised, the Court DENIES Appellant's "Motion to Submit an Oversized Petition to Transfer." Judicial Officer: Rush, Loretta H. Party: Tinoka, McPherson File Stamp: 11/13/2024
  9. ocument Transmitted
  10. otion to File Oversized Document Certificate of Service- Electronically Served 11/05/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 11/06/2024
  11. eceived Document Receive Date: 11/06/2024 Petition to Transfer-Appellant *Filing fee not paid; exceeds allotted page count** PostmarkDate: 11/06/2024
  12. otice of Defect Not Cured Letter Issued Clerk Comments:Petition to Transfer- Appellant *Filing fee not paid; exceeds allotted page count** Party: Tinoka, McPherson Issue Date: 11/13/2024
  13. ocument Transmitted
  14. otion to File Oversized Document Certificate of Service- Electronically Served 11/05/2024 Attorney: Tinoka, McPherson File Stamp: 11/05/2024
  15. eceived Document Receive Date: 11/05/2024 Petition to Transfer- Appellant **Exceeds Allotted page count; Filing fee not paid; Tendered with Motion for Time Prohibited by Appellate Rule 35 AC and Attached Order not permitted; Tendered with separate Certificate of service** PostmarkDate: 11/05/2024
  16. eceived Document Receive Date: 10/10/2024 Brief, Appendix, Motions to Extend Time, amend Brief, and File Oversized Document- Appellant **Documents are defective, untimely, and procedurally improper as appeal has been dismissed. PostmarkDate: 10/10/2024
  17. etition for Rehearing Certificate of Service-Electronic 10/05/2024 Attorney: Tinoka, McPherson File Stamp: 10/04/2024
  18. orrected Entry File stamp date should indicate 10/11/2024
  19. etition for Rehearing Certificate of Service- Electronic 10/05/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 10/11/2024
  20. 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 Rehearing received on September 5, 2024. 2. Appellant's Petition for Rehearing is denied, and this appeal remains dismissed. 3. Because this appeal has been dismissed, Appellant's Motion to Submit an Amended Brief is denied. Mathias, Bradford, JJ., Najam, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Tinoka, McPherson Serve: Tinoka, McPherson Filing Date: 10/11/2024
  21. ocument Transmitted
  22. ocument Transmitted
  23. eceived Document Receive Date: 10/04/2024 Brief and Appendix**Brief exceeds allotted page count; incorrectly paginated; Appendix is incorrectly paginated; Brief and Appendix are untimely; case was dismissed** PostmarkDate: 10/04/2024
  24. eceived Document Receive Date: 10/04/2024 Petition for Rehearing- Appellant **Formatted as a motion rather than a brief; lacks cover page, lacks table of contents, lacks table of authorities** PostmarkDate: 10/04/2024
  25. eceived Document Receive Date: 10/04/2024 Motion for Extension of Time- Appellant ** Case was dismissed; Appears procedurally improper as time to file brief has lapsed** PostmarkDate: 10/04/2024
  26. eceived Document Receive Date: 10/04/2024 Motion to File Oversized Brief- Appellant ** Case was dismissed; document lacks certificate of service** PostmarkDate: 10/04/2024
  27. otion to Amend Brief Certificate of Service- Electronically Served 10/04/2024 Attorney: Tinoka, McPherson File Stamp: 10/04/2024
  28. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments:Petition for Rehearing- Appellant **Formatted as a motion rather than a brief; lacks cover page, lacks table of contents, lacks table of authorities** Party: Tinoka, McPherson Serve: Tinoka, McPherson Date Sent: 10/07/2024
  29. rder Granting Motion for Substitution of Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion for Substitution of Appearance is granted. 2. The Clerk of the Court is directed to remove from the Clerk's docket Attorney Sam. S. Zabaneh as counsel of record for Appellees. 3. The Clerk of the Court is directed to send this order to the parties and former counsel of record. Judicial Officer: Altice, Robert R. Serve: Tinoka, McPherson File Stamp: 10/04/2024
  30. ocument Transmitted
  31. ppearance (Savannah M. Loftis) Certificate of Service-Mailed 09/30/24 Party: OCWEN FINANCIAL CORPORATION Party: PHH MORTGAGE CORPORATION AND File Stamp: 09/30/2024
  32. otion for Substitution of Appearance Motion for Substitution of Appearance Certificate of Service-Mailed 09/30/24 Party: OCWEN FINANCIAL CORPORATION Party: PHH MORTGAGE CORPORATION AND File Stamp: 09/30/2024
  33. eceived Document Receive Date: 09/25/2024 Motion to Submit an Amended Brief-Appellant **Lacks certificate of service; case was dismissed** PostmarkDate: 09/25/2024
  34. eceived Document Receive Date: 09/25/2024 Motion to Submit Oversized Brief- Appellant **Lacks Certificate of Service; case was dismissed** PostmarkDate: 09/25/2024
  35. eceived Document Receive Date: 09/25/2024 Motion for Extension of Time- Appellant **Lacks certificate of service; case was dismissed; Appears procedurally improper as time to file brief has lapsed** PostmarkDate: 09/25/2024
  36. eceived Document Receive Date: 09/25/2024 Brief and Appendix**Brief exceeds allotted page count; incorrectly paginated; Appendix is incorrectly paginated; Brief and Appendix are untimely; case was dismissed** PostmarkDate: 09/25/2024
  37. eceived Document Receive Date: 09/25/2024 Certificate of Service- Appellant **It is not clear what document this certificate of service is referring to.** PostmarkDate: 09/25/2024
  38. eceived Document Receive Date: 09/11/2024 Brief **Untimely; exceeds allotted page count; insufficient certificate of service; contains additional blank page** PostmarkDate: 09/11/2024
  39. eceived Document Receive Date: 09/13/2024 Brief and Appendix- Appellant **Untimely; Appendix is incorrectly paginated and contains insufficient certificate of service; Brief is untimely; exceeds allotted page count.** PostmarkDate: 09/13/2024
  40. etter Issued Party: Tinoka, McPherson Serve: Tinoka, McPherson Date Sent: 09/16/2024
  41. ocument Transmitted
  42. eceived Document Receive Date: 09/05/2024 Petition for Rehearing- Appellant **Formatted as a motion rather than a brief; lacks cover page, lacks table of contents, lacks table of authorities** PostmarkDate: 09/05/2024
  43. otice of Defect Issued Petition for Rehearing-Appellant Party: Tinoka, McPherson Issue Date: 09/09/2024
  44. ocument Transmitted
  45. rder Dismissing Appeal with Prejudice order dismissing appeal Having reviewed the matter, the Court finds and orders as follows: 1. Because Appellant has not complied with the Court's July 26, 2024 order, 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 Lake Circuit and Superior Courts Clerk. 3. The Lake Circuit and Superior Courts Clerk is directed to file this order under Cause Number 45D11-2308-MI-470, 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: Tinoka, McPherson File Stamp: 08/27/2024
  46. ocument Transmitted
  47. eceived Document Receive Date: 08/21/2024 Motion to Submit Oversized Brief and Motion to Submit Amended Brief- Appellant**Both motions lack certificates of service** PostmarkDate: 08/21/2024
  48. eceived Document Receive Date: 08/21/2024 Brief and Appendix- Appellant **Brief is oversized and was previously filed; Appendix Volume two is incorrectly paginated** PostmarkDate: 08/21/2024
  49. eceived Document Receive Date: 08/09/2024 Brief and Appendix- Appellant ** Brief was previously filed and not tendered with motion to file amended; Appendix lacks separate volume for table of contents; Appendix exceeds allotted page count ; incorrectly paginated; table of contents lacks corresponding page numbers** PostmarkDate: 08/09/2024
  50. otice of Defect Not Cured Letter Issued Clerk Comments:Brief and Appendix- Appellant ** Brief was previously filed and not tendered with motion to file amended; Appendix lacks separate volume for table of contents; Appendix must be a minimum of 2 volumes; volume one must consist of cover page, table of contents with corresponding page numbers, Verification of accuracy, and certificate of service; Volume two must consist of cover page followed by documents listed in table of contents from volume one. No volume can exceed 250 pages. Appendix exceeds allotted page count ; incorrectly paginated; each volumes cover page must be page one and continue through the entire volume. Table of contents lacks corresponding page numbers** Party: Tinoka, McPherson Issue Date: 08/12/2024
  51. ocument Transmitted
  52. eceived Document Receive Date: 08/05/2024 Brief and Appendix- Appellant **All documents were tendered as one PDF. Brief was previously filed Appendix lacks separate volume for table of contents and is incorrectly paginated; PostmarkDate: 08/05/2024
  53. otice of Defect Not Cured Letter Issued Clerk Comments:Brief- Appellant **Brief was tendered as part of a PDF contain Appendix rather than placed in its own pdf. Brief Party: Tinoka, McPherson Issue Date: 08/07/2024
  54. ocument Transmitted
  55. otice of Defect Issued Appendix- Appellant Party: Tinoka, McPherson Serve: Tinoka, McPherson Issue Date: 08/07/2024
  56. ocument Transmitted
  57. 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. Appellees' Verified Motion for Extension of Time to File Appellees' Brief is granted. 2. Appellees' Brief is due on September 25, 2024. Judicial Officer: Altice, Robert R. Party: OCWEN FINANCIAL CORPORATION Party: PHH MORTGAGE CORPORATION AND Serve: Tinoka, McPherson File Stamp: 08/06/2024
  58. ocument Transmitted
  59. otion for Extension of Time to File Brief Motion for Extension Certificate of Service-Mailed 08/01/24 Party: OCWEN FINANCIAL CORPORATION Party: PHH MORTGAGE CORPORATION AND File Stamp: 08/01/2024
  60. rief - Appellant Certificate of Service-Mailed 07/18/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/26/2024
  61. rder Granting Motion to Amend Brief order granting amended oversized brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Submit an Amended Brief and Motion(s) to Submit an Oversized Brief are granted. 2. The Clerk of the Court is directed to file the Appellant's Brief received on July 18, 2024, as of the date of this order. 3. No later than ten (10) days from the date of this order, Appellant shall file an Appellant's Appendix that complies with the Indiana Rules of Appellate Procedure. See App. Rules 50 and 51. 4. Failure to timely comply with the Court's order may result in summary dismissal of this appeal. May, Pyle, JJ., Najam, Sr. J., concur. Judicial Officer: Altice, Robert R. Party: Tinoka, McPherson Serve: Tinoka, McPherson File Stamp: 07/26/2024
  62. ocument Transmitted
  63. otion to Amend Brief Certificate of Service- Electronically Served 07/19/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/19/2024
  64. eceived Document Receive Date: 07/19/2024 Brief- Appellant **Exceeds allotted page count and word count** PostmarkDate: 07/19/2024
  65. otion to File Oversized Document Certificate of Service-Mailed 07/18/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/18/2024
  66. eceived Document Receive Date: 07/18/2024 Brief- Appellant **Exceeds allotted word and page count. Pending ruling on Motions to file Oversized Brief** PostmarkDate: 07/18/2024
  67. otion to Amend Brief Certificate of Service-Mailed 07/18/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/18/2024
  68. otion to File Oversized Document Certificate of Service-Mailed 07/19/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/17/2024
  69. otion to Amend Brief Certificate of Service- Mailed 07/17/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/16/2024
  70. otion to File Oversized Document Certificate of Service- Electronically Served 07/17/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 07/16/2024
  71. eceived Document Receive Date: 07/09/2024 Brief- Appellant **Certificate of Service not updated to reflect new service** PostmarkDate: 07/09/2024
  72. otice of Defect Not Cured Letter Issued Clerk Comments:Brief- Appellant **Certificate of Service not updated to reflect new service** Party: Tinoka, McPherson Issue Date: 07/09/2024
  73. ocument Transmitted
  74. eceived Document Receive Date: 07/05/2024 Brief- Appellant **Appealed order must be tendered as a separate PDF; Brief also does not appear to comply with Appellate Rule 43(E)** PostmarkDate: 07/05/2024
  75. otice of Defect Issued Brief- Appellant Party: Tinoka, McPherson Serve: Tinoka, McPherson Issue Date: 07/08/2024
  76. ocument Transmitted
  77. eceived Document Receive Date: 06/14/2024 Motion for Pauper- Appellant **Lacks trial court order regarding pauper; Filing fee already appears to have been paid** PostmarkDate: 06/14/2024
  78. iling Fee Paid/Rule 40 Compliance Submitted
  79. rder Denying Motion to Proceed in Forma Pauperis order denying 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 denied. 2. Within ten (10) days of the date of this order, Appellant is ordered to pay the filing fee to the Clerk of this Court pursuant to Appellate Rule 9(E). 3. Failure to comply with this order may result in the dismissal of this appeal. 4. The Clerk of the Court is directed to change the caption of this appeal to the caption reflected on this order. Mathias, Kenworthy, JJ., Robb, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Tinoka, McPherson File Stamp: 06/07/2024
  80. ocument Transmitted
  81. mended Notice of Completion of Clerk's Record Transcript Not Requested/Not Available Certificate of Service- Electronically Served on Appellant; no service on Appellee 06/06/24 File Stamp: 06/06/2024
  82. orrected Entry Defect reissued to reflect proper document name.
  83. otice of Defect Issued Motion for Extension of Time to File Motion- Appellant Party: Tinoka, McPherson Serve: Tinoka, McPherson Issue Date: 05/28/2024
  84. ocument Transmitted
  85. otion to Proceed in Forma Pauperis Certificate of Service- Mailed 05/25/2024 Attorney: Tinoka, McPherson File Stamp: 05/24/2024
  86. eceived Document Receive Date: 05/23/2024 Motion for Extension of Time to File Brief- Appellant **Lacks date of Service; Does not indicate service to opposing counsel who has appeared** PostmarkDate: 05/23/2024
  87. otice of Defect Issued Motion for Extension of Time to File Brief- Appellant Party: Tinoka, McPherson Issue Date: 05/24/2024
  88. ocument Transmitted
  89. orrected Entry Motion for Extension of Time should reflect Motion for Extension of Time to File Motion rather than Brief.
  90. eceived Document Receive Date: 05/23/3024 Motion for Extension of Time to File Motion Appellant **Filing fee not paid;Lacks date of Service; Does not indicate service to opposing counsel who has appeared** PostmarkDate: 05/23/2024
  91. ocument Not Corrected Pursuant to Notice of Defect Issued Clerk Comments: Motion to Proceed on Appeal in Forma Pauperis- Appellant Party: Tinoka, McPherson Date Sent: 05/23/2024
  92. ocument Transmitted
  93. ppearance -Sam S. Zabaneh Certificate of Service-Mailed 04/22/24 Party: OCWEN FINANCIAL CORPORATION Party: PHH MORTGAGE CORPORATION AND File Stamp: 04/22/2024
  94. ppearance -Jennifer L. Fisher Certificate of Service-Mailed 04/22/24 Party: OCWEN FINANCIAL CORPORATION Party: PHH MORTGAGE CORPORATION AND File Stamp: 04/22/2024
  95. eceived Document Receive Date: 04/17/2024 Motion for Pauper- Appellant**Order attached does not address pauper and appears to be over a year old** PostmarkDate: 04/17/2024
  96. otice of Defect Not Cured Letter Issued Clerk Comments:Motion for Pauper- Appellant**Order attached does not address pauper and appears to be over a year old: Appellant must submit the Motion for Pauper the affidavit in support and the trial courts ruling on the motion for pauper which should have been filed in the trial court first. ** Party: Tinoka, McPherson Serve: OCWEN FINANCIAL CORPORATION Serve: PHH MORTGAGE CORPORATION AND Issue Date: 04/18/2024
  97. ocument Transmitted
  98. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 04/17/24 File Stamp: 04/17/2024
  99. otion to Proceed in Forma Pauperis Certificate of Service- Mailed 03/05/2024 Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 04/05/2024
  100. orrected Entry Motion for Pauper should be received not filed as it lacks order from trial court regarding pauper.
  101. eceived Document Receive Date: 04/05/2024 Motion to Proceed on Appeal in Forma Pauperis- Appellant**Lacks order from trial court regarding pauper status on appeal** PostmarkDate: 04/05/2024
  102. ocument Filed in Error Letter Issued Clerk Comments:Motion to Proceed on Appeal in Forma Pauperis- Appellant Party: Tinoka, McPherson Serve: OCWEN FINANCIAL CORPORATION Serve: PHH MORTGAGE CORPORATION AND Sent: 04/08/2024
  103. ocument Transmitted
  104. otice of Defect Issued Motion to Proceed on Appeal in Forma Pauperis- Appellant Party: Tinoka, McPherson Issue Date: 04/08/2024
  105. ocument Transmitted
  106. otice of Appeal Filed Certificate of Service-Mailed 03/05/24 (as stated) Attorney: Tinoka, McPherson Party: Tinoka, McPherson File Stamp: 04/03/2024
  107. otice Regarding Case Creation Notice Sent: 04/04/2024
  108. iling Fee Not Paid/Rule 40 Compliance Missing
  109. otice Regarding Case Creation Party: Tinoka, McPherson Notice Sent: 04/04/2024
  110. ocument Transmitted

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