MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Feb 28 2019, 11:01 am
regarded as precedent or cited before any CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
APPELLANT PRO SE
Douglas G. Opdycke
Bonita Springs, Florida
IN THE
COURT OF APPEALS OF INDIANA
In Re: February 28, 2019
The Estate of Helen L. Opdycke Court of Appeals Case No.
18A-ES-2236
Appeal from the DeKalb Circuit
Court
The Honorable Kirk D. Carpenter,
Judge
Trial Court Cause No.
17C01-9002-ES-15
Brown, Judge.
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[1] Douglas G. Opdycke (“Opdycke”), pro se, appeals the trial court’s order
denying his petition to reopen the estate of Helen Opdycke. We dismiss.
Facts and Procedural History
[2] In February 1990, the trial court appointed Jana L. Hughes as personal
representative for the estate of Helen Opdycke (the “Estate”) and authorized
unsupervised administration of the Estate. In January 1993, Opdycke filed an
Application and Petition for Information on the Estate. He filed multiple
objections and petitions including objections to the closing statement and final
accounting and a motion to vacate judgment based on newly discovered
evidence and fraud. A chronological case summary (“CCS”) entry dated
November 1994 indicates that the estate administration proceedings were
completed and closed on March 29, 1994. The CCS contains entries dated
January and February 1995 indicating that this Court dismissed an appeal in
this case. Opdycke continued to file motions and petitions in 1995 and 1996.
A CCS entry dated September 6, 1996, indicates that Opdycke filed a petition to
revoke probate and an independent action to vacate judgment by extrinsic
fraud, which the trial court denied.
[3] In September 2016, Opdycke filed a Petition to Reopen Estate, and the trial
court denied the petition. On August 9, 2018, he filed another Petition to
Reopen Estate. On August 14, 2018, the trial court entered an order denying
Opdycke’s petition. The court’s order states:
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1. On August 9, 2018, Douglas Opdycke again filed a Petition to
Reopen Estate based upon the same allegations he has made
several times in the past.
2. The Court now denies this latest Petition on the same grounds
the Court used to deny the last Petition on September 8, 2016[, a]
copy of which is attached hereto and made a part hereof.
3. Douglas Opdycke’s actions are repetitive, as the Court has
communicated with him several times on these very same points.
4. The Court now Orders Douglas Opdycke to not file anymore
motions or petitions on these issues or the Court may consider
holding him in contempt of court and issue appropriate
enforcement orders.
Appellant’s Appendix Volume II at 10.
Discussion
[4] Although Opdycke is proceeding pro se, such litigants are held to the same
standard as trained attorneys and are afforded no inherent leniency simply by
virtue of being self-represented. Zavodnik v. Harper, 17 N.E.3d 259, 266 (Ind.
2014) (citing Matter of G.P., 4 N.E.3d 1158 (Ind. 2014)). This Court will “not
become an advocate for a party, or address arguments that are inappropriate or
too poorly developed or expressed to be understood.” Basic v. Amouri, 58
N.E.3d 980, 984 (Ind. Ct. App. 2016), reh’g denied.
[5] In the Statement of Issues, Opdycke alleges that two DeKalb County public
officials and at least two DeKalb County law firms conducted a fraud on the
court. In his argument section, Opdycke asserts that Hughes and the DeKalb
County Assessor’s Representative had no business to conduct in Helen’s safe
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deposit box two days after she passed away and six days before her will was
delivered to the court. He appears to assert that different typewriters were used
to type Helen’s will. He contends that a reasonable observer could believe that
the attorney who submitted the will to the court knowingly submitted
fraudulent documents to the court. He also mentions judicial disqualification
and fraud on the court and requests that Dorothy Leins, the assessor, David
Kruse, an attorney, the Grimm Law Firm, Judge Paul Cherry, and the DeKalb
County Government each pay him $1,000,000.
[6] At the end of his argument section, Opdycke cites Ind. Trial Rule 60(B), which
provides:
Mistake--Excusable Neglect--Newly Discovered Evidence--
Fraud, etc. On motion and upon such terms as are just the court
may relieve a party or his legal representative from a judgment,
including a judgment by default, for the following reasons:
(1) mistake, surprise, or excusable neglect;
(2) any ground for a motion to correct error, including
without limitation newly discovered evidence, which by
due diligence could not have been discovered in time to
move for a motion to correct errors under Rule 59;
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an
adverse party;
*****
(6) the judgment is void;
*****
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(8) any reason justifying relief from the operation of the
judgment, other than those reasons set forth in sub-
paragraphs (1), (2), (3), and (4).
The motion shall be filed within a reasonable time for reasons
(5), (6), (7), and (8), and not more than one year after the
judgment, order or proceeding was entered or taken for reasons
(1), (2), (3), and (4). A movant filing a motion for reasons (1),
(2), (3), (4), and (8) must allege a meritorious claim or defense.
A motion under this subdivision (B) does not affect the finality of
a judgment or suspend its operation. This rule does not limit the
power of a court to entertain an independent action to relieve a
party from a judgment, order or proceeding or for fraud upon the
court.
[7] The record reveals that Opdycke alleged fraud in 1994, 1995, and 1996. We
also observe that, prior to filing his petition to reopen the Estate in August
2018, Opdycke filed a petition to reopen the Estate and the court dismissed that
petition in August 2016. Opdycke does not develop a cogent argument with
respect to Trial Rule 60(B) or his other assertions, and we conclude that he has
waived his arguments. See Loomis v. Ameritech Corp., 764 N.E.2d 658, 668 (Ind.
Ct. App. 2002) (holding argument waived for failure to cite authority or provide
cogent argument), reh’g denied, trans. denied.
Conclusion
[8] For the foregoing reasons, we dismiss Opdycke’s appeal.
[9] Dismissed.
Bailey, J., and Bradford, J., concur.
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