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In the Matter of the Supervised Estate of Evelyn Garrard Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay
2013 Ind. App. LEXIS 117
Ind. Ct. App.
2013
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Background

  • Garrard, acting as Evelyn Garrard's attorney-in-fact, pursued claims against Evelyn's children Teibel and Grimmer; the case is intertwined with a guardianship and an Estate proceeding after Evelyn's death.
  • The trial court granted summary judgment in favor of Teibel and Grimmer on multiple counts, including against Garrard’s claims and against the Estate, prompting Garrard’s second appeal.
  • Garrard, pro se, repeatedly used inflammatory and scandalous pleadings, leading to contempt findings and orders to refrain from impermissible filings.
  • Garrard's prior appeal (2011) was dismissed for waiver due to failure to comply with appellate rules; the current appeal arises from three separate summary judgment motions filed during the pendency of that prior appeal.
  • The appellate court held Garrard waived all issues on appeal for substantial noncompliance with Appellate Rules and improper argument, affirming the trial court’s summary judgment orders.
  • Garrard did not timely file a notice of appeal from one final damages order, and several of his challenges were deemed waived for lack of cogent argument and evidentiary support.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Waiver of appellate review due to noncompliance Garrard argues errors in discovery and summary judgment. Teibel & Grimmer contend Garrard waived issues by noncompliance. Waived; appellate review denied.
Cogent argument and designated evidence required for summary-judgment challenges Garrard failed to provide cogent argument or designated evidence. Waiver under Appellate Rules for inadequate briefing. Waived; no merits reached.

Key Cases Cited

  • Ramsey v. Review Bd. of Indiana Dept. of Workforce Dev., 789 N.E.2d 486 (Ind. Ct. App. 2003) (noncompliance can waive claims on appeal)
  • Yoquelet v. Marshall County, 811 N.E.2d 826 (Ind. Ct. App. 2004) (designated evidence required in appeal of summary judgment)
  • Hughes v. King, 808 N.E.2d 146 (Ind. Ct. App. 2004) (need for record-cited authority on appeal)
  • Thacker v. Wentzel, 797 N.E.2d 342 (Ind. Ct. App. 2003) (proper development of argument on appeal)
  • Williams v. Tharp, 914 N.E.2d 756 (Ind. 2009) (appellate review standards for summary judgment)
  • Rosi v. Bus. Furniture Corp., 615 N.E.2d 431 (Ind. 1993) (burden on appellant and standard of review)
  • Small v. Centocor, Inc., 731 N.E.2d 22 (Ind. Ct. App. 2000) (caution against disparaging language in briefs)
  • Hoosier Outdoor Adver. Corp. v. RBL Mgmt., Inc., 844 N.E.2d 157 (Ind. Ct. App. 2006) (impertinent or scandalous briefing may be struck)
Read the full case

Case Details

Case Name: In the Matter of the Supervised Estate of Evelyn Garrard Ronald Garrard v. Debra L. Teibel and Douglas Grimmer and Debra Lindsay
Court Name: Indiana Court of Appeals
Date Published: Mar 8, 2013
Citation: 2013 Ind. App. LEXIS 117
Docket Number: 45A03-1111-PL-547
Court Abbreviation: Ind. Ct. App.