Sondra Rabin v. S.T.M. Enterprises, LLC (mem. dec.) ( 2016 )

MEMORANDUM DECISION FILED
Pursuant to Ind. Appellate Rule 65(D), this Oct 20 2016, 9:38 am
Memorandum Decision shall not be regarded as CLERK
precedent or cited before any court except for the Indiana Supreme Court
Court of Appeals
purpose of establishing the defense of res judicata, and Tax Court
collateral estoppel, or the law of the case.
APPELLANT PRO SE
Sondra Rabin
Chicago, Illinois
IN THE
COURT OF APPEALS OF INDIANA
Sondra Rabin, October 20, 2016
Appellant-Defendant, Court of Appeals Case No.
45A04-1604-SC-958
v. Appeal from the Lake Superior
Court
S.T.M. Enterprises, LLC, The Hon. Calvin D. Hawkins, Judge
Trial Court Cause No.
Appellee-Plaintiff.
45D02-1505-SC-2
Bradford, Judge.
Case Summary
[1] In this small-claims appeal, Appellant-Defendant Sondra Rabin appeals from
the $575.00 judgment against her entered in favor of Appellee-Plaintiff S.T.M.
Enterprises, LLC (“STM”). Because we conclude that Rabin has failed to
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provide us with a cogent argument or record sufficient to review her claims on
appeal, we affirm.
Facts and Procedural History
[2] In the fall of 2012, Rabin contacted STM about resodding her parents’ gravesite
in Hammond. STM informed Rabin that the requested work would cost
between $475.00 and $575.00. When Rabin authorized that the work be done,
STM resodded the gravesite in October of 2012 and billed Rabin $575.00.
Rabin, denying that she had authorized STM to resod the gravesite and
apparently also dissatisfied with the work, did not pay the bill, and, on or about
April 8, 2015, STM brought suit against her. Following a bench trial on
January 8, 2016, the trial court entered judgment in favor of STM for $575.00.
On March 29, 2016, the trial court denied Rabin’s motion to correct error.
Discussion and Decision
[3] Rabin contends that the trial court erred in finding that a contract existed
between Rabin and STM and that its orders, specifically its order of judgment
and the order denying Rabin’s motion to correct error, were otherwise
defective. We conclude, however, that Rabin’s arguments are waived for
failure to make cogent arguments. Indiana Rule of Appellate Procedure
46(A)(8) provides, in part, as follows:
(8) Argument. This section shall contain the appellant’s
contentions why the trial court or Administrative Agency
committed reversible error.
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(a) The argument must contain the contentions of the
appellant on the issues presented, supported by cogent
reasoning. Each contention must be supported by citations to
the authorities, statutes, and the Appendix or parts of the
Record on Appeal relied on, in accordance with Rule 22.
(b) The argument must include for each issue a concise
statement of the applicable standard of review; this statement
may appear in the discussion of each issue or under a separate
heading placed before the discussion of the issues. In
addition, the argument must include a brief statement of the
procedural and substantive facts necessary for consideration
of the issues presented on appeal, including a statement of
how the issues relevant to the appeal were raised and resolved
by any Administrative Agency or trial court.
[4] Among the other significant deficiencies in Rabin’s Appellant’s Brief,1 the three-
sentence “argument” contains no citations to the record, no citations to any
statutory or case law, and no statements regarding the applicable standards of
review.
It is well settled that we will not consider an appellant’s assertion
on appeal when he or she has not presented cogent argument
supported by authority and references to the record as required
by the rules. Thacker v. Wentzel, 797 N.E.2d 342, 345 (Ind. Ct.
App. 2003). We will not become an advocate for a party, and we
will not address arguments that are either inappropriate, too
poorly developed, or improperly expressed to be understood. Id.
1
Rabin’s Appellant’s Brief contains no table of authorities, statement of facts, or summary of argument.
Ind. Appellate Rule 46(A). Additionally, Rabin did not file an Appendix. App. R. 49 (“The appellant shall
file its Appendix with its appellant’s brief.”) (emphasis added).
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Lasater v. Lasater, 809 N.E.2d 380, 389 (Ind. Ct. App. 2004).
[5] Rabin’s presentation of the issues on appeal falls far short of what the Appellate
Rules require. Consequently, they are all waived for our consideration.
[6] The judgment of the trial court is affirmed.
Pyle, J., and Altice, J., concur.
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