Vassil Marinov v. UMR Cobra (mem. dec.) ( 2016 )

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Jun 15 2016, 7:54 am
this Memorandum Decision shall not be CLERK
Indiana Supreme Court
regarded as precedent or cited before any Court of Appeals
and Tax Court
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
APPELLANT PRO SE
Vassil Marinov
West Lafayette, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Vassil Marinov, June 15, 2016
Appellant-Defendant, Court of Appeals Case No.
79A05-1510-PL-1615
v. Appeal from the Tippecanoe
Superior Court
UMR Cobra, The Honorable Randy J. Williams,
Appellee-Plaintiff. Judge
Trial Court Cause No.
79D01-1409-PL-64
Vaidik, Chief Judge.
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Case Summary
[1] Vassil Marinov appeals the dismissal of his lawsuit against UMR Cobra.1
Finding no error, we affirm.
Facts and Procedural History 2
[2] Marinov, acting pro se, filed a lawsuit against UMR Cobra, describing his claim
as follows: “Annulment of UMR-Cobra medical insurance of my name and
recovery of sums paid under this insurance. UMR-Cobra did on my name
medical insurance without my consent and explicitly told them disagreement
from 01.01.12 to 02.25.13.” He requested a judgment in the amount of
$6000.00.
[3] A year into the litigation, UMR Cobra filed a Motion to Dismiss for Failure to
Name the Real Party in Interest. On July 20, 2015, the trial court held a
hearing and signed an order stating that the case would be dismissed if Marinov
1
UMR is a third-party administrator of health-insurance claims. See https://www.umr.com (last visited
May 16, 2016). Presumably, “UMR Cobra” is a reference to the division of UMR that deals with coverage
under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), Pub. L. No. 99-272, 100
Stat. 82. The defending entity did not file an appellate brief clarifying its legal name, and because the trial
court adopted Marinov’s naming of that entity, we will do the same.
2
Our review of this matter has been somewhat hindered by the fact that Marinov has not filed an appendix
containing the relevant trial-court documents. However, on March 2, 2016, he tendered a brief to which he
attached several such documents. The Clerk of this Court rejected that brief, in part because most of those
documents are not permitted to be included with an appellant’s brief. See Ind. Appellate Rule 46. Marinov
then filed an amended brief to which he attached only two trial-court orders. Even though Marinov’s
original brief was rejected, we will, in order to resolve his appeal, rely on some of the documents that were
attached to that brief (a copy of which remains in this Court’s file). We will also rely on the Chronological
Case Summary that was attached to the Amended Notice of Completion of Clerk’s Record filed with this
Court by the trial court clerk on December 8, 2015.
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did not join a person named Rajat Raina as a party within fifteen days. On
August 11, 2015, Marinov had not done so, and the trial court issued an order
dismissing the case.
[4] On August 17, 2015, Marinov filed a motion to correct error. In it, he claimed
that he had been out of the country for medical reasons, that his relatives in
Indiana had not been able to contact him to notify him of the hearing on July
20, 2015, and that he was unaware of the trial court’s order requiring him to
add Rajat Raina as a party. The trial court denied Marinov’s motion.
[5] Marinov, still proceeding pro se, now appeals.
Discussion and Decision
[6] Marinov appeals the trial court’s denial of his motion to correct error. We
review such rulings under the deferential abuse-of-discretion standard. In re
Estate of Young, 988 N.E.2d 1245, 1247 (Ind. Ct. App. 2013). A trial court has
abused its discretion if its decision is against the logic and effect of the facts and
circumstances before the court. Id. at 1248.
[7] Marinov has not persuaded us that the trial court abused its discretion. Indiana
Trial Rule 59(H)(1) provides that where, as here, a motion to correct error is
based on evidence outside the record, “the motion shall be supported by
affidavits showing the truth of the grounds set out in the motion and the
affidavits shall be served with the motion.” Marinov claimed in his motion that
he was out of the country and did not receive notice of the dismissal hearing or
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the trial court’s post-hearing order, but he did not provide any affidavits or
other evidence to support these claims. This failure alone justified the denial of
his motion.
[8] Moreover, even assuming that Marinov’s claims about being out of the country
are true, he would not be entitled to relief. There is no indication in the record
of when he left the country or when he returned to Indiana, no indication that
he notified the court that he would be leaving the country, and no indication
that he made any arrangements to deal with the case while he was away, even
by simply maintaining contact with his relatives here in Indiana. Under these
circumstances, the trial court acted well within its discretion when it denied
Marinov’s motion.
[9] Affirmed.
Barnes, J., and Mathias, J., concur.
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