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. * * *In KOA Properties, LLC v. Laura Matheison , a 9-page opinion, Judge Friedlander writes:
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”).
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:NFP civil opinions today (7):
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?
NFP criminal opinions today (7):
Posted by Marcia Oddi on March 8, 2013 10:35 AM
Posted to Ind. App.Ct. Decisions