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Monday, August 13, 2007
Ind. Decisions - Court of Appeals issues 0 today (and 2 NFP)
For publication opinions today (0):
NFP civil opinions today (1):
Marilyn Burton v. Bob Hall (NFP), is an essentially one-page opinion by Judge Crone:
Marilyn Burton entered into a conditional real estate contract to sell certain real property to Bob Hall. Burton now appeals the order finding that Hall did not breach the contract and ordering Burton to provide him with a warranty deed for the real estate. We find the following issue dispositive: whether Burton’s claim is waived.
[The Court than sets out Burton's two sentence argument in its entirety, followed by.]Burton’s argument is supported by neither cogent argument nor citation to authority. See Ind. Appellate Rule 46(A)(8) (“The argument must contain the contentions of the appellant on the issues presented supported by cogent reasoning. Each contention must be supported by citations to the authorities, statutes, and the Appendix or parts of the Record on Appeal relied on.”). Her argument is therefore waived. See Davis v. State, 835 N.E.2d 1102, 1113 (Ind. Ct. App. 2005) (observing that failure to present a cogent argument or citation to authority constitutes waiver of issue for appellate review). In fact, Burton’s attorney would be well advised to carefully review the entirety of Indiana Appellate Rule 46 on the arrangement and contents of briefs.
NFP criminal opinions today (1):
Anthony Renshaw v. State of Indiana (NFP)
Posted by Marcia Oddi on August 13, 2007 02:42 PM
Posted to Ind. App.Ct. Decisions