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Indiana appeal court

Indiana

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Case Information

Filed 2024-05-29
Type Miscellaneous
Docket 66 entries
Disposition dismissed

Docket Entries

  2. ocument Transmitted
  3. rder Granting Motion to Publish Opinion order granting motion to publish Having reviewed the matter, the Court finds and orders as follows: 1. Appellee's Motion to Publish Memorandum Opinion is granted. 2. In conjunction with this order, the Court will issue a revised version of its Opinion. 3. The Clerk of the Court is directed to remove the original Memorandum Decision from the Court's website and post the revised Opinion in its place. 4. The Clerk of the Court is directed to send the Opinion and this order to West/Thomson Reuters, LexisNexis, and all other sources to which decisions/opinions of this Court are normally sent. 5. The Clerk of the Court is directed to send this order to the parties and the trial court. Mathias, Brown, Kenworthy, JJ., concur. Judicial Officer: Altice, Robert R. Party: Hartlerode, Dale Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 12/03/2024
  4. ocument Transmitted
  5. otion to Publish Memorandum Decision Motion to Publish Certificate of Service- Electronically Served 11/21/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 11/21/2024
  6. pinion Issued Opinion MEMORANDUM DECISION: Dismissed, Brown, J. Mathias, J., and Kenworthy, J., concur. Judicial Officer: Brown, Elaine B. Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 11/06/2024
  7. ocument Transmitted
  8. rder Denying Motion for Oral Argument order denying oral argument Having reviewed the matter, the Court finds and orders as follows: Appellee's Motion for Oral Argument is denied. All panel judges concur. Judicial Officer: Altice, Robert R. Party: Hartlerode, Dale Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 11/06/2024
  9. ocument Transmitted
  10. otice of Defect Cured Clerk Comments: Appellant's Reply Brief Party: Deaton-Hedge, Michelle Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 10/18/2024
  11. ase Fully Briefed Oral Argument Requested: Yes FB Date: 10/23/2024
  12. ransmitted to Court of Appeals
  13. ocument Transmitted
  14. rief - Appellant Reply Brief - Appellant Reply -Public (Public Access and Not for Public Access versions tendered) Certificate of Service- Electronically Served 10/18/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 10/18/2024
  15. ocument Filed in Error Letter Issued Clerk Comments:Notice of Exclusion - missing Certificate of Service. Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry Sent: 10/22/2024
  16. eceived Document Receive Date: 10/18/24 Notice of Exclusion lacks certificate of service. PostmarkDate: 10/18/2024
  17. ote Notice of Exclusion tendered on 10.15.24 serves as Notice regarding Reply Brief tendered on 10.18.24.
  18. ocument Transmitted
  19. otice of Exclusion of Confidential Information Certificate of Service- Electronically Served 10/15/24 Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 10/15/2024
  20. eceived Document Receive Date: 10/15/24 Appellant's Reply Brief - 1) Certificate does not correctly identify the name of the document served and 2) Public and Not for Public Access versions appear to not be mirrored. Public version contains 15 pages, Confidential contains 14. PostmarkDate: 10/15/2024
  21. otice of Defect Issued Appellant's Reply Brief Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry Issue Date: 10/17/2024
  22. ocument Transmitted
  23. ppearance (Sadie Rothrock - Certified Legal Intern)Certificate of Service- Electronically Served 10/01/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 10/01/2024
  24. ppendix Filed Volumes of Appendices: Two (2) Certificate of Service- Electronically Served 10/01/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 10/01/2024
  25. otice of Defect Cured Clerk Comments: Appellee's Appendix Party: Hartlerode, Dale Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 10/01/2024
  26. ocument Transmitted
  27. ppearance (Sadie Rothrock) Certificate of Service- Electronically Served 09/27/24 Party: Hartlerode, Dale File Stamp: 09/27/2024
  28. otion for Oral Argument Motion for Oral Argument Certificate of Service- Electronically Served 09/27/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 09/27/2024
  29. rief - Appellee Brief - Appellee Certificate of Service- Electronically Served 09/27/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 09/27/2024
  30. eceived Document Receive Date: 09/27/24 Appellee's Appendix - Confidential and Public Versions of Volume Two tendered without Notice of Exclusion tendered. PostmarkDate: 09/27/2024
  31. otice of Defect Issued Appellee's Appendix Party: Hartlerode, Dale Serve: Payne, Joseph Serve: Wilder, Larry Issue Date: 09/30/2024
  32. ocument Transmitted
  33. rder Granting Motion to Amend Brief order granting amended brief Having reviewed the matter, the Court finds and orders as follows: 1. Appellants' Motion for Leave to Amend Appellants' Brief and Appendix to Comply With Access to Court Rules is granted in part. 2. The Clerk of the Court is directed to file the amended Appellants' Brief tendered on August 18, 2024, as of the date of this order. 3. The Clerk of the Court is directed to mark as obsolete the Appellants' Brief that was filed on August 14, 2024. 4. Appellee's Brief is due within thirty (30) days of the date of this order. Judicial Officer: Altice, Robert R. Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 08/30/2024
  34. ocument Transmitted
  35. mended Brief - Appellant Brief - Appellant Public Amended (Public and Confidential) Certificate of Service- Electronically Served 08/18/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 08/30/2024
  36. otice of Defect Cured Clerk Comments: Noitce of Exclusion ONLY. Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 08/23/2024
  37. ocument Transmitted
  38. ppendix Filed Volumes of Appendices: Two (2) Public and Confidential Certificate of Service- Electronically Served 08/26/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle File Stamp: 08/26/2024
  39. eceived Document Receive Date: 08/26/24 Notice of Exclusion - appears to be duplicate, Notice already filed. PostmarkDate: 08/26/2024
  40. otice of Defect Cured Clerk Comments: Appellant's Appendix Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 08/26/2024
  41. ocument Transmitted
  42. eceived Document Receive Date: 08/23/24 Appellant's Appendix Volume 2 only, must re-submit all volumes when curing defect. Defect Not Cured. PostmarkDate: 08/23/2024
  43. otice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Appendix Volume 2 only, must re-submit all volumes when curing defect. Defect Not Cured. Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry Issue Date: 08/26/2024
  44. otice of Exclusion of Confidential Information Certificate of Service- Electronically Served 08/23/24 Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 08/23/2024
  45. otion to Amend Motion for Leave to Amend Filings Motion for leave to Amend Appellant's Brief and Appendix to Comply with Access to Court Rules. Certificate of Service- Electronically Served 08/23/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 08/23/2024
  46. ocument Transmitted
  47. eceived Document Brief - Appellant Public Amended Receive Date: 08/18/24 Appellant's Brie, Appendix, Notice of Exclusion - Brief is already filed, if amending, must seek leave. Appendix Volume 2 Public has complete blacked-out pages, pages must be white with indicated omission or redaction. Notice of Exclusion does not appropriately identify confidential items and their placement. Defect Not Cured. PostmarkDate: 08/18/2024
  48. otice of Defect Not Cured Letter Issued Clerk Comments: Appellant's Brie, Appendix, Notice of Exclusion - Brief is already filed, if amending, must seek leave. Appendix Volume 2 Public has complete blacked-out pages, pages must be white with indicated omission or redaction. Notice of Exclusion does not appropriately identify confidential items and their placement. Defect Not Cured. Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry Issue Date: 08/19/2024
  49. ocument Transmitted
  50. rief - Appellant Certificate of Service- Electronically Served 08/14/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 08/14/2024
  51. eceived Document Receive Date: 08/14/24 Appellant's Appendix and Notice of Exclusion - Notice does not appropriately identify confidential items. Appendix lacks mirrored version and cover pages are not distinguished between public and confidential. PostmarkDate: 08/14/2024
  52. otice of Defect Issued Appellant's Appendix and Notice of Exclusion Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry Issue Date: 08/15/2024
  53. ocument Transmitted
  54. eceived Court Reporter's Notice of Filing of Transcript Received on: 7/15/2024 PostmarkDate: 07/15/2024
  55. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) Received Electronically 7/15/2024 Postmark: 07/15/2024
  56. otice of Completion of Transcript Certificate of Service- Electronically Served 7/16/2024 *certificate of service not dated used date issued.* File Stamp: 07/16/2024
  57. lectronic Documents Received from Trial Court Clerk Volumes of Exhibits - One (1) Received Electronically 7/16/2024 Postmark: 07/16/2024
  58. rder Denying Motion to Stay order denying motion to stay Having reviewed the matter, the Court finds and orders as follows: 1. Appellants' Motion for Stay of Proceedings in Trial Court is denied. 2. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Scott Circuit and Superior Courts Clerk. 3. The Scott Circuit and Superior Courts Clerk is directed to file this order under Cause Number 72D01-2302-MI-7, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. May, Pyle, JJ., Baker, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Deaton-Hedge, Michelle Party: Hedge, Scott Serve: Payne, Joseph Serve: Wilder, Larry File Stamp: 07/12/2024
  59. ocument Transmitted
  60. ppearance (Larry Wilder) Certificate of Service- Electronically Served 07/03/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 07/03/2024
  61. esponse Response to Motion to Stay - Appellee Response to Stay Exhibit D - Objection to Motion to Stay Response to Motion to Stay Exhibit A -Findings of Fact Response to Motion to Stay Exhibit C -Motion for Stay Response to Motion to Stay Exhibit B - Notice of Appeal Response to Motion to Stay Exhibit E - Order for Stay Appellee's Response To Appellant's Motion To Stay Proceedings Certificate of Service- Electronically Served 07/03/24 Attorney: Wilder, Larry Party: Hartlerode, Dale File Stamp: 07/03/2024
  62. otion to Stay Trial Court Proceedings (App.R. 39) Motion to Stay - Order Appealed From Motion to Stay - Order Denying Stay Motion to Stay in Appeals Court - Appellant Motion to Stay - Order for Stay Certificate of Service- Electronically Served 06/29/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 06/29/2024
  63. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 05/31/24 (issue date) File Stamp: 05/31/2024
  64. otice of Appeal Filed Certificate of Service- Electronically Served 05/29/24 Attorney: Payne, Joseph Party: Deaton-Hedge, Michelle Party: Hedge, Scott File Stamp: 05/29/2024
  65. OA Service to Trial Court Sent Date: 05/30/2024
  66. ocument Transmitted

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