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Indiana appeal court

Indiana

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Case Information

Filed 2025-03-07
Type Civil Plenary
Docket 54 entries
Disposition appeal is dismissed

Docket Entries

  1. ocument Transmitted
  2. rial Court Clerk Notified to Transmit Transcript 2nd Request Date Sent: 07/21/2025
  3. ocument Transmitted
  4. rder Dismissing Appeal order granting motion to remand Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Remand Pursuant to Appellate Rule 37(A) is granted. This appeal is dismissed without prejudice and is remanded to the trial court for further proceedings. 2. The Clerk is directed to send this order to the parties, the trial court, and the Vermillion Circuit Court Clerk. 3. The Vermillion Circuit Court Clerk is directed to file this order under Cause Number 83C01-2006-PL-5, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Bailey, Felix, JJ., Robb, Sr.J., concur. Judicial Officer: Altice, Robert R. Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 06/20/2025
  5. rial Court Clerk Notified to Transmit Transcript Date Sent: 06/20/2025
  6. ocument Transmitted
  7. ocument Transmitted
  8. esponse Response to Motion for Remand Appellant's Response in Opposition to Appellee, Billy J. Noggle's Verified Motion to Remand Pursuant to Appellate Rule 37(A) Certificate of Service- Electronically Served 06/12/25 Attorney: Gibson, Raegan Party: Meeker, Rebecca File Stamp: 06/12/2025
  9. rder Granting Motion to Withdraw Appearance order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion for Leave to Withdraw is granted. 2. The Clerk of the Court is directed to remove from the Clerk's docket attorneys Mackenzie E. Lyons, Monica S. McCoskey, and Christopher F. Goff as counsel for Appellant. 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: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 06/06/2025
  10. ocument Transmitted
  11. rder Issued order granting ext of time to file response Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion to Extend Deadline to Respond to Motion to Remand and to Stay Deadline for Appellant's Brief Until Ruling on Motion for Remand is granted in part as a final extension. 2. Appellant's response to Appellee's motion to remand is due within seven (7) days of the date of this order. 3. The briefing schedule is stayed pending the Court's ruling on Appellee's motion to remand. Judicial Officer: Altice, Robert R. Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 06/05/2025
  12. ocument Transmitted
  13. esponse Response to Appellant's Motion to Extend Deadline to Respond to Motion for Remand - Appellee Response to Appellant's Motion to Extend Deadline to Respond to Motion for Remand. Certificate of Service- Electronically Served 6/2/2025 Attorney: Grant, Aaron Party: Noggle, Billy File Stamp: 06/02/2025
  14. otice of Defect Cured Clerk Comments: Response to Appellant's Motion to Extend Deadline to Respond to Motion for Remand - Appellee Party: Noggle, Billy Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 06/02/2025
  15. ocument Transmitted
  16. otice of Defect Cured Clerk Comments: Appellee's Motion to Remand Party: Noggle, Billy Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 05/21/2025
  17. ocument Transmitted
  18. ocument Filed Motion to Extend Deadline to Respond to Motion for Remand and to Stay Deadline for Appellant's Brief Motion to Extend Deadline to Respond to Motion for Remand and to Stay Deadline for Appellant's Brief Until Ruling on Motion for Remand. Certificate of Service- Electronically Served 5/27/2025 Attorney: Gibson, Raegan Party: Meeker, Rebecca File Stamp: 05/27/2025
  19. otice of Defect Cured Clerk Comments: Motion to Extend Deadline to Respond to Motion for Remand and to Stay Deadline for Appellant's Brief Until Ruling on Motion for Remand Party: Meeker, Rebecca Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 05/27/2025
  20. eceived Document Receive Date: 5/27/2025 Response to Appellant's Motion to Extend Deadline to Respond to Motion for Remand - Appellee - Certificate of Service does not correctly identify the name of the document served. PostmarkDate: 05/27/2025
  21. ocument Transmitted
  22. otice of Defect Issued Appellee's Response to Appellant's Motion to Extend Deadline to Respond to Motion for Remand Party: Noggle, Billy Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan Issue Date: 05/30/2025
  23. ocument Transmitted
  24. otion to Withdraw Appearance Motion to Withdraw Appearance (Lyons, McCoskey, and Goff) (M. Lyons, M. McCoskey, and C. Goff)Certificate of Service- Electronically Served 05/27/25 Party: Meeker, Rebecca File Stamp: 05/27/2025
  25. otice of Defect Cured Clerk Comments: Motion to Withdraw Appearance for McCoskey, Goff and Lyons Party: Meeker, Rebecca Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 05/27/2025
  26. ocument Transmitted
  27. eceived Document Receive Date: 5/22/2025 Motion to Exend Deadline to Respond to Motion for Remand and to Stay Deadline for Appellant's Brief Until Ruling on Motion for Remand - Certificate lacks service to an opposing party. All parties who have appeared must be served. Certificate lacks service to Attorney Kidd. PostmarkDate: 05/22/2025
  28. otice of Defect Issued Motion to Withdraw Appearances - Appellant Party: Meeker, Rebecca Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan Issue Date: 05/27/2025
  29. otice of Defect Issued Motion to Extend Deadline to Respond to Motion for Remand and to Stay Deadline for Appellant's Brief Until Ruling on Motion for Remand Party: Meeker, Rebecca Serve: Capocelli, Gabriella Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan Issue Date: 05/27/2025
  30. ocument Transmitted
  31. ocument Transmitted
  32. otion for Remand Motion to Remand - Appellee Certificate of Service- Electronically Served 05/21/25 Attorney: Grant, Aaron Party: Noggle, Billy File Stamp: 05/21/2025
  33. eceived Document Receive Date: 05/22/25 Motion for Leave to Withdraw Appearances. Attorney Gabriella Capocelli has not appeared in this case. PostmarkDate: 05/22/2025
  34. otice of Defect Issued Appellee Motion to Remand Party: Noggle, Billy Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan Issue Date: 05/21/2025
  35. ocument Transmitted
  36. otice of Change of Address Certificate of Service- Electronically Served 5/19/2025 Attorney: Gibson, Raegan Party: Meeker, Rebecca File Stamp: 05/19/2025
  37. orrected Entry Correcting docket to show Motion to Remand as "received"; document filed in error.
  38. ocument Filed in Error Letter Issued Clerk Comments: Appellee Motion to Remand Party: Noggle, Billy Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan Sent: 05/20/2025
  39. eceived Document Motion to Remand - Appellee Rec Motion to Remand - Appellee Rec Motion to Remand Exhibit A - Affidavit of Aaron D. Grant Rec Motion to Remand Exhibit A-1 - Motion to Reconsider and Motion for Relief from Judgment Receive Date: 05/14/25 Appellee Motion to Remand Pursuant to Appellate Rule 37(A) - certificate of service does not state names of parties served and does not state service of document. PostmarkDate: 05/14/2025
  40. ocument Transmitted
  41. otion for Remand Certificate of Service- Electronically Served 05/14/25 Attorney: Grant, Aaron Party: Noggle, Billy File Stamp: 05/14/2025
  42. otice of Completion of Transcript Certificate of Service- Electronically Served 05/01/25, as stated File Stamp: 05/13/2025
  43. eceived Court Reporter's Notice of Filing of Transcript Received on: 05/02/25 PostmarkDate: 05/02/2025
  44. rder Granting Motion to Compel Transcript order granting motion to compel transcript Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Motion to Compel the Filing of the Notice of Completion of Clerk's Record and Transcript is granted. 2. Within five (5) days of the date of this order, the Vermillion Circuit Court Clerk is ordered to file the Notice of Completion of Transcript with the Clerk of this Court and to serve a copy of the Notice on the parties. 3. Because the transcript is complete, Appellant's Brief is due within thirty (30) days of the date of this order. 4. The Clerk is directed to send this order to the parties, the trial court, and the Vermillion Circuit Court Clerk. 5. The Vermillion Circuit Court Clerk is directed to file this order under Cause Number 83C01-2006-PL-5, 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. Party: Meeker, Rebecca Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 05/01/2025
  45. ocument Transmitted
  46. eceived Document Receive Date: 04/24/25 Appellant's Motion for Extension of Time to File Brief - the Notice of Completion of Transcript has yet to be filed. PostmarkDate: 04/24/2025
  47. otion to Compel Court Reporter to Prepare Transcript Motion to Compel Notice of Completion of Transcript document tendered with title of "Motion to Compel the Filing of the Notice of Completion of Clerk's Record and Transcript". Certificate of Service- Electronically Served 04/24/25 Attorney: Gibson, Raegan Party: Meeker, Rebecca File Stamp: 04/24/2025
  48. rder Denying Motion to Stay order denying motion to stay Having reviewed the matter, the Court finds and orders as follows: 1. Appellant's Verified Motion for Stay Pending Appeal is denied. 2. The Clerk of the Court is directed to send this order to the parties, the trial court, and the Vermillion Circuit Court Clerk. 3. The Vermillion Circuit Court Clerk is directed to file this order under Cause Number 83C01-2006-PL-5, and, pursuant to Indiana Trial Rule 77(D), the Clerk shall place the contents of this order in the Record of Judgments and Orders. Foley, Scheele, JJ., Shepard, Sr.J., concur. Judicial Officer: Altice, Robert R. Party: Meeker, Rebecca Serve: Gibson, Raegan Serve: Grant, Aaron Serve: Kidd, Jordan File Stamp: 04/04/2025
  49. ocument Transmitted
  50. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 03/14/25 File Stamp: 03/14/2025
  51. ppearance (Aaron D. Grant and Jordan R. Heitman Kidd) Certificate of Service- Electronically Served 03/14/25 Attorney: Grant, Aaron Attorney: Kidd, Jordan Party: Noggle, Billy File Stamp: 03/14/2025
  52. otion to Stay Trial Court Proceedings (App.R. 39) Motion for Stay - Exhibit A - Order Motion for Stay - Exhibit B - Order Granting Summary Judgment Motion for Stay - Exhibit C - Order Denying Motion to Stay Motion for Stay Certificate of Service- Electronically Served 03/13/25 Attorney: Gibson, Raegan Party: Meeker, Rebecca File Stamp: 03/13/2025
  53. otice of Appeal Filed Certificate of Service- Electronically Served 03/07/2025 Attorney: Gibson, Raegan Party: Meeker, Rebecca File Stamp: 03/07/2025
  54. OA Service to Trial Court Sent Date: 03/11/2025

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