Vassil M. Marinov v. Fiat Chrysler Automotive (mem. dec.) ( 2018 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Sep 11 2018, 9:09 am
court except for the purpose of establishing CLERK
the defense of res judicata, collateral Indiana Supreme Court
Court of Appeals
estoppel, or the law of the case. and Tax Court
APPELLANT PRO SE ATTORNEYS FOR APPELLEE
Vassil M. Marinov Todd M. Nierman
West Lafayette, Indiana Bonnie L. Martin
Ogletree, Deakins, Nash, Smoak &
Stewart, P.C.
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Vassil M. Marinov, September 11, 2018
Appellant-Plaintiff, Court of Appeals Case No.
79A02-1711-SC-2807
v. Appeal from the Tippecanoe
Superior Court
Fiat Chrysler Automotive, The Honorable Laura W. Zeman,
Appellee-Defendant Judge
Trial Court Cause No.
79D04-1706-SC-2079
May, Judge.
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[1] Vassil M. Marinov, pro se, appeals the small claims court’s grant of Fiat
Chrysler Automotive’s motion to dismiss Marinov’s complaint under the
Indiana Wage Payment Act. We affirm.
Facts and Procedural History
[2] At some point prior to June 19, 2017, Marinov worked for, and then was
terminated by, Fiat Chrysler. On June 19, 2017, Marinov filed a claim in small
claims court under the Indiana Wage Claims Act, Indiana Code section 22-2-9-
3, et. seq., alleging Fiat Chrysler had not paid him for one holiday, forty hours of
vacation time, and supplemental unemployment benefits. On October 5, 2017, 1
the small claims court granted Fiat Chrysler’s motion to dismiss. Marinov filed
a motion to correct error on October 24, 2017, which the small claims court
denied on October 26, 2017. 2
Discussion and Decision
[3] It is well settled that pro se litigants are held to the same standards as licensed
attorneys and are required to follow procedural rules. Perry v. Anonymous
Physician 1, 25 N.E.3d 103, 105 n.1 (Ind. Ct. App. 2014), trans. denied, cert.
denied 135 S. Ct. 227 (October 5, 2015). “We will not become an advocate for a
1
Neither side states the filings which occurred between June 19 and October 5, 2017, and Marinov did not
file a proper Chronological Case Summary.
2
Marinov requested, and we granted, permission to file a belated appeal.
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party, nor will we address arguments which are either inappropriate, too poorly
developed or improperly expressed to be understood.” Terpstra v. Farmers &
Merch. Bank, 483 N.E.2d 749, 754 (Ind. Ct. App. 1985), reh’g denied, trans.
denied.
[4] Our Appellate Rules explain the sections of a brief on appeal and, regarding the
argument section of the brief, states: “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 authorities,
statutes, and the Appendix or parts of the Record on Appeal relied upon[.]”
Ind. Appellate Rule 46(A)(8)(a). Failure to present a cogent argument results in
waiver of the issue on appeal. Srivastava v. Indianapolis Hebrew Congregation, Inc.,
779 N.E.2d 52, 54 n.1 (Ind. Ct. App. 2002). Marinov’s non-compliance with
Indiana Appellate Rule 46(A)(8)(a) is fatal to his case.
[5] On appeal, Marinov does not explain the legal basis for his claim before the
small claims court, except to list the days he claims he is owed wages and to
state: “The Plaintiff demands judgment against you for $3,100.00., plus court
cost of this action and under Indiana Low HEA 1469 two times of all no pay
amounts-sums.” (Br. of Appellant at 3) (errors in original). The remainder of
Marinov’s brief and his reply brief are rephrasings of his contentions that (1) the
small claims court’s decision was incorrect; (2) he was not given the
opportunity to present his case; and (3) there was no evidence on which the
small claims court could have based its decision. Marinov does not cite the
record, nor does he cite any case law or statute to support his arguments.
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[6] In addition, pursuant to Indiana Appellate Rule 50(A)(2)(a), Marinov’s
appendix is required to contain “the chronological case summary for the trial
court or Administrative Agency.” The “Chronological Case Summary”
included in Marinov’s appendix is a page, typed presumably by Marinov, with
four dates - the date Marinov filed his claim, the date of the trial court’s order,
the date of Marinov’s motion to correct error, and the date the trial court denied
his motion to correct error. (See Appellant’s App. Vol. II at 2.) “[W]ithout a
copy of the chronological case summary for the trial court . . . we have no way
of determining whether the parties’ statements of the case are accurate.” Hughes
v. King, 808 N.E.2d 146, 148 (Ind. Ct. App. 2004). The failure to include an
item in an appendix does not itself waive an argument. App. R. 49(B).
However, the dearth of items relevant to the appeal, such as the trial court’s
Chronological Case Summary and Fiat Chrysler’s motion to dismiss, coupled
with the absence of any cogent argument supported by the record or case law
on appeal, results in waiver in this case.
Conclusion
[7] As Marinov has waived his appellate arguments by so substantially violating
the Indiana Rules of Appellate Procedure that we cannot address his appeal, we
affirm the decision of the small claims court.
[8] Affirmed.
Baker, J., and Robb, J., concur.
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