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.2013Background
- 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)
