MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
regarded as precedent or cited before any FILED
court except for the purpose of establishing Mar 14 2017, 8:49 am
the defense of res judicata, collateral CLERK
Indiana Supreme Court
estoppel, or the law of the case. Court of Appeals
and Tax Court
ATTORNEY FOR APPELLANTS ATTORNEY FOR APPELLEE
Douglas M. Grimes Eric Oden Clark
Douglas M. Grimes, PC Munster, Indiana
Gary, Indiana
IN THE
COURT OF APPEALS OF INDIANA
Ronald Protho and March 14, 2017
Gwen Protho, Court of Appeals Case No.
Appellants-Respondents, 45A04-1608-SC-1815
Appeal from the Lake Superior
v. Court
The Honorable Elizabeth F.
Tawanna Brown, Tavitas, Judge
Appellee-Claimant Trial Court Cause No.
45D03-1605-SC-4
Baker, Judge.
Court of Appeals of Indiana | Memorandum Decision 45A04-1608-SC-1815 | March 14, 2017 Page 1 of 3
[1] On May 1, 2015, Tawanna Brown purchased a property in Gary (the Property)
at a tax sale for $300. The property was occupied by Ronald and Gwen Protho.
On February 23, 2016, Brown filed a notice of claim seeking immediate
possession of the Property.1 On August 5, 2016, following a hearing, the trial
court entered an order granting immediate possession of the Property to Brown
and setting a future hearing on damages. On August 10, 2016, the Prothos filed
a motion to stay the proceedings and a notice of appeal. On August 15, 2016,
the eviction of the Prothos occurred pursuant to the August 5 order. On August
17, 2016, the trial court granted the motion to stay the proceedings. The
Prothos now appeal.
[2] The only argument raised by the Prothos on appeal is that the trial court erred
by waiting to rule on the motion to stay until August 17, which was two days
after the eviction had already occurred. The Prothos offer no citations to
authority supporting their contention that the trial court ruled in an untimely
fashion. Trial Rule 62(B) provides that the ruling on a motion to stay while an
appeal is pending is solely within the discretion of the trial court. And Trial
Rule 6(D) provides that when a written motion is filed, at least five days must
lapse before a hearing on that motion is set, presumably so that the opposing
party has an opportunity to respond. Here, the Prothos’ motion was filed on
August 10 and, when an intervening weekend is excluded, five days had lapsed
1
Marion Williams, who owned the property directly abutting the Property, intervened in Brown’s claim.
Williams is not participating in this appeal.
Court of Appeals of Indiana | Memorandum Decision 45A04-1608-SC-1815 | March 14, 2017 Page 2 of 3
on August 17—the day on which the trial court ruled on the motion. Under
these circumstances, we see no error in the timing of the trial court’s ruling.2
[3] Although the Prothos ask that we reverse the trial court’s order granting
immediate possession of the Property to Brown and reinstate the Prothos’
tenancy, they offer absolutely no argument with respect to the propriety of the
order or the substance of the litigation. Therefore, we decline to dispose of the
case in this fashion.
[4] The judgment of the trial court is affirmed and remanded for further
proceedings.
Mathias, J., and Pyle, J., concur.
2
Even if we had found error in the timeliness of the trial court’s ruling, we are hard pressed to determine
what remedy could be offered to the Prothos.
Court of Appeals of Indiana | Memorandum Decision 45A04-1608-SC-1815 | March 14, 2017 Page 3 of 3