COA criticizes Florida attorney for failure to conform to Appellate Rules

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In this interlocutory appeal, Appellant-Plaintiff Jack’s Wholesale Windows and Design of Hammond, Inc. (“Jack’s”) challenges the trial court’s denial of its motion for sanctions, to compel discovery, for issuance of contempt citation, and entry of judgment against Appellees-Defendants Mark Flesher, Lakeside Contractor Supply, Inc., and James Flamini (collectively, “Defendants”). Upon appeal, Jack’s challenges the trial court’s ruling on several grounds. On cross-appeal, the Defendants claim that this appeal is not properly before this court because it was not timely filed. Concluding that Jack’s has waived its claims on appeal, we affirm.

Key Analysis (slip op. at 3-4):  Our review of this appeal is fatally impeded by Jack’s’ failure to conform to Indiana Appellate Rules 46(A)(5), (6), and 46(A)(8)(a). Jack’s’ Statement of the Case and Statement of the Facts in its brief is a stream-of-consciousness recitation of alleged events purportedly leading to the instant appeal but unsupported by necessary citation to or documentation in the record. Much of Jack’s’ brief is unaccompanied by record citations, and certain record citations which are included merely refer to Jacks’s’ own petitions containing similarly undocumented assertions . . . In addition, Jack’s’ argument, which includes citations to pages “xx,” and “xxx,” pages not contained in its appendix, is similarly unsupported by cogent reasoning or by citations to parts of the record relied upon. Accordingly, we deem Jack’s’ claims waived and therefore find it unnecessary to address the Defendants’ cross-appeal.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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