Yoquelet v. Marshall County ( 2004 )

MATHIAS, Judge,

dissenting.

I respectfully dissent from the majority's decision to resolve this case based upon Employees' failure to file the Appendix required by Appellate Rules 49 and 50. I believe that while Employees' failure is not to be countenancéd, an appellate order to supplement is the proper procedure for our court in these cireumstances in civil cases, as well as in criminal cases. Ind. App. R. 49(B).

If Employees failed to comply with such an order, then the appeal could be dismissed, rather than resolved on the burden of proof. All cases, criminal and civil, are too important to resolve other than on their merits, except in unusual cireum-stances which are not present here.