Connie Teeple v. Marilyn Mount (mem. dec.) ( 2019 )

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