James E. Saylor v. State of Indiana ex rel. Department of Workforce Development (mem. dec.) ( 2020 )


Menu:
  • MEMORANDUM DECISION
    Pursuant to Ind. Appellate Rule 65(D),
    this Memorandum Decision shall not be                                                  FILED
    regarded as precedent or cited before any                                          Nov 25 2020, 8:31 am
    court except for the purpose of establishing                                           CLERK
    Indiana Supreme Court
    the defense of res judicata, collateral                                               Court of Appeals
    and Tax Court
    estoppel, or the law of the case.
    APPELLANT PRO SE                                        ATTORNEYS FOR APPELLEE
    James E. Saylor                                         Curtis T. Hill, Jr.
    Carlisle, IN                                            Attorney General of Indiana
    Frances Barrow
    Deputy Attorney General
    Indianapolis, Indiana
    IN THE
    COURT OF APPEALS OF INDIANA
    James E. Saylor,                                        November 25, 2020
    Appellant-Defendant,                                    Court of Appeals Case No.
    20A-CC-343
    v.                                              Appeal from the Circuit Court of
    Lawrence County
    State of Indiana ex rel.                                The Honorable Nathan Nikirk,
    Department of Workforce                                 Judge
    Development,                                            Trial Court Cause No.
    Appellee-Plaintiff                                      47C01-0411-CC-1357
    May, Judge.
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020             Page 1 of 10
    [1]   James E. Saylor 1 appeals the trial court’s order granting summary judgment in
    favor of the State of Indiana ex. rel. Department of Workforce Development
    (“DWD”). He argues the trial court did not have personal jurisdiction over him
    and the trial court erred in entering summary judgment in favor of DWD. We
    affirm.
    Facts and Procedural History
    1. Administrative Action
    [2]   Saylor received unemployment compensation insurance benefits from July 19,
    2003, until November 22, 2003. On April 20, 2004, DWD mailed a
    determination of eligibility letter to Saylor seeking repayment of the benefits
    given to Saylor between October 10, 2003, and November 22, 2003, because
    Saylor was incarcerated during that period and, thus, ineligible for benefits.
    Saylor requested a hearing before an administrative law judge (“ALJ”), and the
    ALJ set the matter for hearing on July 1, 2004. Saylor did not appear at the
    appeal hearing, and the ALJ dismissed Saylor’s appeal. The notice of dismissal
    stated the ALJ’s “determination will become final unless the party requesting
    the appeal files a written request for reinstatement within seven days from the
    mailing date of this Notice and shows good cause why the appeal should be
    1
    Saylor is currently incarcerated in the Indiana Department of Correction serving sentences for Class A
    felony child molesting, 
    Ind. Code § 35-42-4-3
     (1998), and Class B felony vicarious sexual gratification, Ind.
    Code 35-42-4-5 (2003). His earliest possible release date is February 14, 2075. Indiana Department of
    Correction Offender Search [https://perma.cc/CVN4-GL73].
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020                   Page 2 of 10
    reinstated.” (Appellee’s App. Vol. II at 125.) Saylor did not take any
    additional action at the administrative level.
    2. Collection Action
    [3]   On November 29, 2004, DWD filed a complaint in the Lawrence County
    Superior Court 2 alleging Saylor had not fully repaid the illegal unemployment
    benefits he received. DWD moved for default judgment after Saylor failed to
    appear in the collection action. The court granted the State’s motion on
    September 6, 2005, and entered judgment in the State’s favor for $1,731.
    [4]   Saylor filed a motion for relief from judgment pursuant to Indiana Trial Rule
    60(B) on June 27, 2016. In his motion for relief from judgment, Saylor stated
    that he was not aware the court had entered default judgment against him until
    he learned DWD intercepted his 2015 state and federal income tax refunds.
    The trial court denied his motion, and Saylor appealed to this court. We held
    the trial court did not acquire personal jurisdiction over Saylor due to
    inadequate service, and we remanded the case with instructions for the trial
    court to vacate the default judgment entered against Saylor. Saylor v. State,
    47A04-1611-CC-2641, 
    2018 WL 895547
    , at *1 (Ind. Ct. App. Feb. 15, 2018).
    We did not address the other arguments Saylor raised on appeal, concluding the
    “issues should be addressed on remand.” 
    Id.
     at *1 n.3.
    2
    The case was later transferred to the Lawrence County Circuit Court pursuant to a change in the local rules.
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020                   Page 3 of 10
    [5]   On March 1, 2018, Saylor filed a “Motion for Return of Property Seized by
    State Agency” in the trial court, and he subsequently amended the motion.
    (Appellee’s App. Vol. II at 2.) In response to Saylor’s amended motion, DWD
    argued,
    as Respondent has submitted himself to the jurisdiction of this
    Court through his requests for relief and various motions, the
    Department requests that the Court take judicial notice of its
    personal jurisdiction over Respondent in this matter, so as to
    allow the Department to move forward with the proceedings
    towards obtaining judgment against Respondent.
    (Id. at 17.)
    [6]   Following a hearing in which Saylor appeared telephonically, the trial court
    denied Saylor’s motion for return of property and found he had submitted
    himself to the personal jurisdiction of the court. The trial court went on to
    explain that because the initial default judgment granted to DWD “was
    determined by the Indiana Court of Appeals to be void on a procedural basis
    (lack of personal jurisdiction), and not due to any factual basis or invalid claim,
    the substantive nature of the claim has not changed and [DWD] still has a right
    to pursue a final judgment.” (Id. at 45.) Saylor attempted to pursue a
    discretionary interlocutory appeal of the trial court’s order on his motion for
    return of property, but we denied the motion for interlocutory appeal on
    December 5, 2018. Saylor v. State, 18A-CC-02580, slip op. at *2. (Ind. Ct. App.
    Dec. 5, 2018).
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020   Page 4 of 10
    [7]   Saylor subsequently filed a motion to dismiss DWD’s complaint pursuant to
    Indiana Trial Rule 41 on January 9, 2019, and the trial court denied Saylor’s
    motion on February 5, 2019. DWD filed a motion for summary judgment on
    December 6, 2019. DWD argued the administrative order finding Saylor
    illegally received unemployment benefits while incarcerated was a final agency
    order not subject to collateral attack and, therefore, DWD was entitled to
    collect on that action. Saylor argued the trial court lacked personal jurisdiction
    over him because DWD never properly served him, and he argued the ALJ’s
    order dismissing his appeal in the administrative action was not a valid agency
    action. On January 10, 2020, the trial court granted DWD’s motion for
    summary judgment and entered judgment in favor of DWD for $1,621.76.
    Discussion and Decision
    [8]   Initially, we note Saylor proceeds before this court pro se. A pro se litigant “is
    held to the same standards as a trained attorney and is afforded no inherent
    leniency simply by virtue of being self-represented.” Zavodnik v. Harper, 
    17 N.E.3d 259
    , 266 (Ind. 2014). “This means that pro se litigants are bound to
    follow the established rules of procedure and must be prepared to accept the
    consequences of their failure to do so.” Basic v. Amouri, 
    58 N.E.3d 980
    , 983-84
    (Ind. Ct. App. 2016), reh’g denied. Pro se litigants have “‘no license to harass
    others, clog the judicial machinery with meritless litigation, and abuse already
    overloaded court dockets.’” Zavodnik, 17 N.E.3d at 266 (quoting Farguson v.
    MBank Houston, N.A., 
    808 F.2d 358
    , 359 (5th Cir. 1986)).
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020   Page 5 of 10
    A. Personal Jurisdiction
    [9]    Saylor argues DWD never properly served him and, therefore, the trial court
    never acquired personal jurisdiction over him. “Personal jurisdiction is the
    court’s power to bring a person into its adjudicative process and render a valid
    judgment over a person. The existence of personal jurisdiction over a defendant
    is a constitutional requirement to rendering a valid judgment, mandated by the
    Due Process Clause of the Fourteenth Amendment.” Keesling v. Winstead, 
    858 N.E.2d 996
    , 1000 (Ind. Ct. App. 2006) (internal quotation marks and citation
    omitted). It is generally within the trial court’s discretion to determine facts that
    may decide whether the court possesses personal jurisdiction over a litigant. 
    Id.
    However, once those jurisdictional facts are determined, the existence of
    personal jurisdiction is a question of law, which we review de novo. 
    Id. at 1001
    .
    [10]   An individual “who seeks affirmative relief from a court voluntarily submits
    himself to the jurisdiction of the court, and is thereafter estopped from
    challenging the court’s personal jurisdiction.” Sims v. Beamer, 
    757 N.E.2d 1021
    ,
    1025 n.3 (Ind. Ct. App. 2001). Similarly, a litigant “can waive lack of personal
    jurisdiction and submit himself to the jurisdiction of the court if he responds or
    appears and does not contest the lack of jurisdiction.” Heartland Resources, Inc.
    v. Bedel, 
    903 N.E.2d 1004
    , 1007 (Ind. Ct. App. 2009). “Even if a party timely
    objects to jurisdiction, it may still be estopped from raising a jurisdictional
    challenge ‘if subsequent actions by the [party] go beyond matters of defense and
    seek affirmative relief from the court.’” Allen v. Proksch, 
    832 N.E.2d 1080
    , 1096-
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020   Page 6 of 10
    97 (Ind. Ct. App. 2005) (quoting Hotmix & Bituminous Equip. Inc. v. Hardrock
    Equip. Corp., 
    719 N.E.2d 824
    , 830 (Ind. Ct. App. 1999), reh’g denied, trans.
    denied).
    [11]   Our first opinion in the collection action vacated the default judgment entered
    against Saylor, but it did not prohibit DWD from continuing to pursue the
    collection action. See Saylor v. State, 47A04-1611-CC-2641, 
    2018 WL 895547
    , at
    *1 (Ind. Ct. App. Feb. 15, 2018). On remand, Saylor sought affirmative relief
    from the trial court when he petitioned the court to order DWD to return his
    intercepted tax refunds. Thus, Saylor submitted himself to the trial court’s
    jurisdiction, and the trial court had personal jurisdiction over him when it
    granted DWD’s motion for summary judgment in 2020. See Allen, 
    832 N.E.2d at 1097
     (holding father estopped from challenging trial court’s jurisdiction over
    child custody case when father filed motion to modify custody and information
    for contempt in the court).
    B. DWD’s Summary Judgment Motion
    [12]   Saylor also argues the trial court erred in granting summary judgment in favor
    of DWD. Our standard for reviewing a trial court’s order on summary
    judgment is well-settled.
    We review summary judgment using the same standard as the
    trial court: summary judgment is appropriate only where the
    designated evidence shows there is no genuine issue of material
    fact and the moving party is entitled to judgment as a matter of
    law. Rogers v. Martin, 
    63 N.E.3d 316
    , 320 (Ind. 2016). All facts
    and reasonable inferences are construed in favor of the non-
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020   Page 7 of 10
    moving party. City of Beech Grove v. Beloat, 
    50 N.E.3d 135
    , 137
    (Ind. 2016). Where the challenge to summary judgment raises
    questions of law, we review them de novo. Rogers, 63 N.E.3d at
    320.
    ONB Ins. Group, Inc. v. Estate of Megel, 
    107 N.E.3d 484
    , 489 (Ind. Ct. App. 2018),
    reh’g denied, trans. denied. “An issue is ‘genuine’ if a trier of fact is required to
    resolve the truth of the matter; a fact is ‘material’ if its resolution affects the
    outcome of the case.” Henderson v. Kleinman, 
    103 N.E.3d 683
    , 686 (Ind. Ct.
    App. 2018) (quoting Hughley v. State, 
    15 N.E.3d 1000
    , 1003 (Ind. 2014)).
    [13]   A party cannot collaterally attack a final agency action in a suit to enforce the
    action. In Yellow Cab Co. of Bloomington, Inc. v. Williams, the Yellow Cab
    Company sought judicial review of the Bloomington Human Rights
    Commission’s order directing the company to pay $1500 to Williams after a cab
    driver refused to serve Williams because of her race. 
    583 N.E.2d 774
    , 776 (Ind.
    Ct. App. 1991), trans. denied. The Yellow Cab Company did not timely file the
    agency record, and the trial court dismissed the company’s petition for judicial
    review. 
    Id.
     The Commission then filed a petition to enforce its administrative
    action when the Yellow Cab Company failed to pay Williams. 
    Id. at 777
    . We
    held that because the Yellow Cab Company failed to comply with the statutory
    procedures for challenging the Commission’s action through a petition for
    judicial review, the Yellow Cab Company could not collaterally attack the
    administrative order in a proceeding to enforce the administrative order. 
    Id. at 779
    . Like the Yellow Cab Company, Saylor did not avail himself of the proper
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020   Page 8 of 10
    procedures to contest the administrative action, and therefore, he may not
    collaterally attack the administrative action in the present collection action.
    [14]   Saylor further contends, “If this matter had been dismissed, the summary
    judgment could not be filed. Since the dismissal was warranted under Trial
    Rule 41, summary judgment should not have been available to DWD and the
    order should be reversed.” (Appellant’s Br. at 9.) Trial Rule 41(E) outlines a
    procedure for dismissing a case due to failure to prosecute if no action has been
    taken in the case for a period of sixty days. Saylor attempted to appeal the trial
    court’s order denying his motion for return of property. The chronological case
    summary indicates the completion of clerk’s record was filed on November 16,
    2018, depriving the trial court of jurisdiction. See Ind. Appellate Rule 8 (“The
    Court on Appeal acquires jurisdiction on the date the Notice of Completion of
    Clerk’s Record is noted in the Chronological Case Summary.”). We remanded
    the case back to the trial court on December 5, 2018, and Saylor filed his
    motion to dismiss only thirty-five days later, on January 9, 2019. Therefore,
    Saylor’s motion was premature and the trial court properly denied it. 3 The
    trial court did not err in granting summary judgment in favor of DWD because
    3
    Saylor asserts the trial court “threatened Saylor with monetary penalties that he could and cannot afford,”
    and he “was denied Due Process of Law.” (Appellant’s Br. at 8.) However, Saylor fails to develop such
    arguments in his brief, and they are consequently waived. See Tavake v. State, 
    131 N.E.3d 696
    , 702 n.3 (Ind.
    Ct. App. 2019) (holding appellant waived argument regarding alleged jury instruction error because he failed
    to develop a cogent argument on appeal), trans. denied. Waiver notwithstanding, the trial court in a civil
    action may order a party to pay the opposing party’s attorney fees if the party continues to litigate an “action
    or defense after the party’s claim or defense clearly became frivolous, unreasonable, or groundless[.]” 
    Ind. Code § 34-52-1-1
    (b). Thus, Saylor has not demonstrated error.
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020                    Page 9 of 10
    Saylor did not properly contest DWD’s administrative action and his
    arguments in the collection action to avoid enforcement of the ALJ’s order lack
    support in law. See Kelley v. Med-1 Solutions, LLC, 
    952 N.E.2d 817
    , 831 (Ind. Ct.
    App. 2011) (holding trial court properly granted collection agency’s motion for
    summary judgment in action to collect medical debt), trans. denied.
    Conclusion
    [15]   We affirm the trial court’s order granting summary judgment for DWD because
    the trial court had personal jurisdiction over Saylor and DWD is entitled to
    enforce the ALJ’s decision requiring Saylor to repay unemployment benefits he
    illegally obtained.
    [16]   Affirmed.
    Riley, J., and Altice, J., concur.
    Court of Appeals of Indiana | Memorandum Decision 20A-CC-343 | November 25, 2020   Page 10 of 10