Connie Teeple v. Marilyn Mount (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: April 22, 2019
• Docket: 19A-SC-169
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this FILED Memorandum Decision shall not be regarded as Apr 22 2019, 7:18 am precedent or cited before any court except for the purpose of establishing the defense of res judicata, CLERK Indiana Supreme Court collateral estoppel, or the law of the case. Court of Appeals and Tax Court

APPELLANT PRO SE Connie Teeple Decatur, Indiana

IN THE

COURT OF APPEALS OF INDIANA

Connie Teeple, April 22, 2019 Appellant-Plaintiff, Court of Appeals Case No. 19A-SC-169 Appeal from the Allen Superior v. Court The Hon. Thomas P. Boyer, Magistrate Marilyn Mount, Trial Court Cause No. Appellee-Defendant. 02D01-1805-SC-6613

Bradford, Judge.

Court of Appeals of Indiana | Memorandum Decision 19A-SC-169 | April 22, 2019 Page 1 of 3 Case Summary [1] Connie Teeple appeals from the entry of judgment against her in her small-

claims action against Marilyn Mount. Teeple contends that the magistrate who

heard her case was biased against her and that the trial court’s judgment is

clearly erroneous. Because Teeple did not request a transcript of her trial,

however, her claims are waived for appellate review. We affirm.

Facts and Procedural History [2] According to the trial court’s order of judgment, Mount and her family rented a

residence in Fort Wayne owned by Teeple from 2005 to 2014. At some point

after the Mounts moved out, Teeple filed this small-claims action against

Mount, alleging that Mount was responsible for damage that was done to the

residence when she lived there. On November 16, 2018, following a trial, the

trial court entered judgment in favor of Mount.

Discussion and Decision [3] Teeple seems to contend that (1) the magistrate’s conduct during trial indicates

that he was biased against her and, (2) based on the evidence presented at trial,

the trial court’s judgment is clearly erroneous. Teeple, however, has waived her

claims for appellate review by failing to request a transcript. Indiana Rule of

Appellate Procedure 9(F)(5) provides, in part, that a notice of appeal “shall”

include

[a] designation of all portions of the Transcript necessary to present fairly and decide the issues on appeal. If the appellant intends to urge on appeal that a finding of fact or conclusion

Court of Appeals of Indiana | Memorandum Decision 19A-SC-169 | April 22, 2019 Page 2 of 3 thereon is unsupported by the evidence or is contrary to the evidence, the Notice of Appeal shall request a Transcript of all the evidence. [4] It is well-settled that the “failure to include a transcript works a waiver of any

specifications of error which depend upon the evidence.” Campbell v. Criterion

Grp., 605 N.E.2d 150, 160 (Ind. 1992). Teeple did not secure a transcript for

this appeal, despite both of her arguments being based entirely on alleged

occurrences at trial. Consequently, her claims are waived for appellate review.

[5] The judgment of the trial court is affirmed.

Crone, J., and Tavitas, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-SC-169 | April 22, 2019 Page 3 of 3