The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP)

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Friday, March 08, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP)

For publication opinions today (2):

In In the Matter of the Supervised Estate of Evelyn Garrard; Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay , a 15-page decision with a pro se appellant, Judge Pyle writes:

Throughout these proceedings, Garrard, who represented himself, was repeatedly warned by the trial court about using language in his pleadings that impugned the trial court and opposing counsel. Garrard was ultimately held in contempt of court for failing to comply with the trial court’s orders. * * *

Issue. Whether Garrard has waived appellate review of his arguments. * * *

Here, Garrard’s noncompliance with the Appellate Rules—most notably his failure to provide cogent argument—substantially impedes us from reaching the merits of this appeal. Thus, we find that he has waived all issues in this appeal. See, e.g., Ramsey, 789 N.E.2d 486 (holding that the appellant’s substantial noncompliance with rules of appellate procedure resulted in waiver of his claims on appeal). See also Thacker, 797 N.E.2d at 345 (finding that appellant waived summary judgment challenge where his unsupported assertions were “too poorly developed to be understood”).

In KOA Properties, LLC v. Laura Matheison , a 9-page opinion, Judge Friedlander writes:

KOA Properties LLC (KOA) appeals the denial of its motion to set aside the default judgment entered against KOA in a small claims action filed by Laura Matheison. KOA presents the following consolidated and restated issues on appeal:

1. Did the small claims court abuse its discretion by appointing appellate counsel for Matheison?
2. Did the small claims court err in denying KOA’s motion to set aside the default judgment?

We affirm.

NFP civil opinions today (7):

Cheryl L. Schlimpert v. Timothy M. Schlimpert (NFP)

Clark Sales & Service, Inc. v. John D. Smith and Ferguson Enterprises, Inc. (NFP)

In the Matter of the Supervised Estate of George Lee Coon, Mark A. Coon v. Allen W. Coon, Donald L. Moster, Jr., and Beverly S. Moster (NFP)

Davion Peterson v. Sandra Owen (NFP)

Gateway West Townhouse Association, Barry J. Stern and Judy C. Stern v. Metropolitan Development Commission of Marion County v. SF Industrial Properties-Indianapolis, LLC (NFP)

Scott Rose v. J.Z. and J.Z. (Adoptive Parents) (NFP)

Benito S. Gamba, Hilda P. Gamba and Gamba Real Estate Holdings, LLC v. The Ross Group Inc./Ticor Title Insurance Co. v. The Ross Group Inc., Benito Gamba, Hilda Gamba, et al. (NFP)

NFP criminal opinions today (7):

Curtis Porter v. State of Indiana (NFP)

Ivan Gonzalez v. State of Indiana (NFP)

Oo Aka v. State of Indiana (NFP)