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Case Information

Filed 2024-06-03
Type Civil Plenary
Docket 61 entries
Disposition reversed in part

Docket Entries

  1. ail Returned as Undeliverable Recipient: RESULTS, LLC Reason: Return to sender. Not deliverable as addressed. Unable to forward. Name of Document: Certified opinion issued 4/28/25 by mail. Opinion resent by mail on 5/28/25. Return Date: 05/27/2025
  2. pinion Certified Serve: McNevin, Robert Serve: RESULTS, LLC Serve: SMALL, ARTHUR Notice Date: 04/28/2025
  3. ocument Transmitted
  4. ail Returned as Undeliverable Recipient: RESULTS, LLC Reason: Return to sender. Not deliverable as addressed. Unable to forward. Name of Document: Opinion issued 2/28/25 by mail. Opinion resent by mail on 3/12/25. Mail returned as undeliverable on 4/17/25, mail placed. with case. Return Date: 04/17/2025
  5. ail Returned as Undeliverable Recipient: RESULTS, LLC Reason: Return to sender. Not deliverable as addressed. Unable to forward. Name of Document: Opinion issued 2/28/25 by mail. Opinion resent by mail on 3/12/25. Return Date: 03/12/2025
  6. pinion Issued Memorandum Decision MEMORANDUM DECISION: Affirmed in Part, Reversed in part and Remanded - Vaidik, J. Altice, C.J., and Scheele, J., concur. Judicial Officer: Vaidik, Nancy H. Serve: McNevin, Robert Serve: RESULTS, LLC Serve: SMALL, ARTHUR File Stamp: 02/28/2025
  7. ocument Transmitted
  8. ail Returned as Undeliverable Recipient: RESULTS, LLC Reason: Unable to forward. Name of Document: Order issued 12/3/24 by mail. Order resent by mail on 2/13/25. Return Date: 02/13/2025
  9. lectronic Documents Received from Trial Court Clerk Volumes of Exhibits - One (1) Received Electronically 11/26/2024 Volumes of Exhibits - One (1)*supplemental* Received Electronically 11/26/2024 (accepted per Court order dated 12/3/2024) Postmark: 11/26/2024
  10. ase Fully Briefed Oral Argument Requested: No FB Date: 12/05/2024
  11. ransmitted to Court of Appeals
  12. rder Issued order directing clerk to accept ex Having reviewed the matter, the Court finds and orders as follows: In order to expedite resolution of this appeal and because the problem with the exhibit volumes is minor, the Clerk of the Court is directed to accept, as of the date of this order, the exhibit volumes received on November 26, 2024. Judicial Officer: Altice, Robert R. Serve: McNevin, Robert Serve: RESULTS, LLC Serve: SMALL, ARTHUR File Stamp: 12/03/2024
  13. etransmission of Order order directing clerk to accept ex Order issued 12/3/24 is retransmitted to serve trial court staff. Judicial Officer: Altice, Robert R. File Stamp: 12/03/2024
  14. ocument Transmitted
  15. ocument Transmitted
  16. eceived Document Receive Date: 11/26/2024 Received 1 exhibit volume and 1 supplemental exhibit volume. Both volumes are missing an index page at the beginning of the volume. PostmarkDate: 11/26/2024
  17. lectronic Documents Received from Trial Court Clerk Volumes of Transcripts - One (1) Volumes of T/C - One (1) Received Electronically 11/19/2024 Postmark: 11/19/2024
  18. eceived Document Receive Date: 11/19/2024 Received 1 exhibit volume and 1 supplemental exhibit volume. Both volumes are missing an index page at the beginning of the volume. Both volumes are not paginated correctly. PostmarkDate: 11/19/2024
  19. etter Issued Regarding Transcript Serve: McNevin, Robert Serve: SMALL, ARTHUR Date Sent: 11/21/2024
  20. ocument Transmitted
  21. rder Issued order directing clerk to designate as fully briefed Having reviewed the matter, the Court finds and orders as follows: The Clerk of the Court is directed to designate this case as fully briefed. Judicial Officer: Altice, Robert R. Serve: McNevin, Robert Serve: RESULTS, LLC Serve: SMALL, ARTHUR File Stamp: 11/19/2024
  22. ocument Transmitted
  23. rial Court Clerk Notified to Transmit Transcript Date Sent: 11/19/2024
  24. ocument Transmitted
  25. ourt Notified Regarding Non-compliance With Order order granting motion to withdraw appearance No Appellee Appearance filed per order issued on 10/16/24.
  26. rder Issued Having reviewed the matter, the Court finds and orders as follows: 1. The Motion to Withdraw is granted. 2. The Clerk of the Court is directed to remove from the Clerk's on-line docket Attorneys Michael L. Einterz and Michael L. Einterz, Jr., as counsel of record for Appellees. 3. Replacement counsel is ordered to file an Appearance on behalf of Appellee Results, LLC no later than ten (10) days from the date of this order. 4. Failure of Appellee Results, LLC to comply with the Court's order and obtain replacement counsel may result in dismissal of this appeal as to Appellee Results, LLC. 5. The Clerk of the Court is directed to send this order to the parties and to former counsel of record. Judicial Officer: Altice, Robert R. Serve: McNevin, Robert Serve: SMALL, ARTHUR File Stamp: 10/16/2024
  27. ote The docket is corrected to correct service for the order issued 10/16/24.
  28. orrected Entry The docket is correct to show correct service for the order issued 10/16/24.
  29. rder Issued order granting motion to withdraw appearance Having reviewed the matter, the Court finds and orders as follows: 1. The Motion to Withdraw is granted. 2. The Clerk of the Court is directed to remove from the Clerk's on-line docket Attorneys Michael L. Einterz and Michael L. Einterz, Jr., as counsel of record for Appellees. 3. Replacement counsel is ordered to file an Appearance on behalf of Appellee Results, LLC no later than ten (10) days from the date of this order. 4. Failure of Appellee Results, LLC to comply with the Court's order and obtain replacement counsel may result in dismissal of this appeal as to Appellee Results, LLC. 5. The Clerk of the Court is directed to send this order to the parties and to former counsel of record. Judicial Officer: Altice, Robert R. Serve: McNevin, Robert Serve: RESULTS, LLC Serve: SMALL, ARTHUR File Stamp: 10/16/2024
  30. ocument Transmitted
  31. ppearance Certificate of Service- Electronically Served 10/08/2024 Attorney: SMALL, ARTHUR Party: SMALL, ARTHUR File Stamp: 10/08/2024
  32. rief - Appellee Certificate of Service- Electronically Served 10/02/2024 Attorney: SMALL, ARTHUR Party: SMALL, ARTHUR File Stamp: 10/08/2024
  33. otice of Defect Cured Clerk Comments: Brief- Appellee(Arthur Small) Party: SMALL, ARTHUR Serve: McNevin, Robert Serve: SMALL, ARTHUR File Stamp: 10/08/2024
  34. ocument Transmitted
  35. otion to Withdraw Appearance Motion to Withdraw Certificate of Service- Electronically Served 10/08/24 Party: RESULTS, LLC Party: SMALL, ARTHUR File Stamp: 10/08/2024
  36. eceived Document Receive Date: 10/02/2024 Brief- Appellee PostmarkDate: 10/02/2024
  37. ote Appellee does not appear to have an appearance on file.
  38. otice of Defect Issued Brief-Appellee Party: SMALL, ARTHUR Serve: McNevin, Robert Serve: SMALL, ARTHUR Issue Date: 10/07/2024
  39. ocument Transmitted
  40. rief and Appendix - Appellant Brief - Appealed Order Brief - Appellant Volumes of Appendix: Three (3) Certificate of Service- Electronically Served 09/10/24 Attorney: McNevin, Robert Party: OSBORNE, BENJAMIN File Stamp: 09/10/2024
  41. otice of Defect Cured Clerk Comments: Appellant's Brief and Appendix Party: OSBORNE, BENJAMIN Serve: McNevin, Robert File Stamp: 09/10/2024
  42. ocument Transmitted
  43. eceived Document Receive Date: 09/09/24 Appellant's Brief and Appendix - 1) Brief lacks separate attachment of order/judgment being appealed, 2) Certificate of Brief states IEFS used but does not indicate service provided, 3) Certificate of Appendix lacks method of service. PostmarkDate: 09/09/2024
  44. eceived Document Receive Date: 09/09/24 Transcript of Evidence - Transcripts are not be a part of the Appendix or Brief and should not be tendered by parties within the case. Court of Appeals Clerk will request Transcripts from the Trial Court at the appropriate time. PostmarkDate: 09/09/2024
  45. otice of Defect Issued Appellant's Brief and Appendix Party: OSBORNE, BENJAMIN Serve: McNevin, Robert Issue Date: 09/10/2024
  46. ocument Transmitted
  47. mended Notice of Completion of Transcript Certificate of Service- Electronically Served 08/16/24 File Stamp: 08/16/2024
  48. rder Issued order acknowledging ct reporter affidavit Having reviewed the matter, the Court finds and orders as follows: 1. The Court Reporter's Verified Affidavit of Missing Exhibits is acknowledged. 2. Within five (5) days of the date of this order, Appellees are ordered to provide the court reporter with copies of Exhibits A and B that were introduced into evidence during the hearing held on September 27, 2023. 3. Within ten (10) days of the date of this order, Court Reporter Mancia shall prepare and file with the trial court clerk a Supplemental Exhibits Volume containing the missing Exhibits A & B admitted during the September 27, 2023 hearing. 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 amber Collins-Gebrehiwet, Court Reporter Rebeca Mancia, and the Marion Circuit and Superior Courts Clerk. 7. The Marion Circuit and Superior Courts Clerk is directed to file this order under Cause Number 49C01-1410-PL-34320 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: McNevin, Robert File Stamp: 08/12/2024
  49. ocument Transmitted
  50. otice of Completion of Transcript Certificate of Service- Electronically Served 08/01/24 File Stamp: 08/01/2024
  51. ffidavit of Missing Exhibits File Stamp: 08/02/2024
  52. 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 within which to File the Transcript is granted in part. 2. The transcript is due on August 2, 2024. 3. The Clerk of the Court is directed to send this order to the parties and Court Reporter Rebecca Mancia. Judicial Officer: Altice, Robert R. Serve: McNevin, Robert File Stamp: 07/16/2024
  53. ocument Transmitted
  54. ourt Reporter's Motion for Extension of Time No Certificate of Service File Stamp: 07/12/2024
  55. otice of Completion of Clerk's Record Transcript Not Yet Completed Certificate of Service- Electronically Served 06/10/24 File Stamp: 06/10/2024
  56. ppearance (Einterz, Einterz, Jr.) Certificate of Service- Electronically Served 06/05/24 Party: RESULTS, LLC Party: SMALL, ARTHUR File Stamp: 06/05/2024
  57. eceived Document Receive Date: 06/05/24 Certification of Issuance of Summons and Result of Attempted Service. The certificate of service does not indicate the method of service. PostmarkDate: 06/05/2024
  58. otice of Appeal Filed Certificate of Service-Method not Specified 06/03/24 Attorney: McNevin, Robert Party: OSBORNE, BENJAMIN File Stamp: 06/03/2024
  59. OA Service to Trial Court Sent Date: 06/03/2024
  60. ocument Transmitted

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