FOR PUBLICATION
APPELLANT PRO SE: ATTORNEYS FOR APPELLEE:
STEPHEN F. RAMSEY STEVE CARTER
Muncie, Indiana Attorney General of Indiana
RICHARD C. WEBSTER
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
STEPHEN F. RAMSEY, )
)
Appellant-Petitioner, )
)
vs. ) No. 93A02-0204-EX-312
)
REVIEW BOARD OF THE INDIANA )
DEPARTMENT OF WORKFORCE )
DEVELOPMENT and CINTAS )
CORPORATION NO. 2, )
)
Appellees-Respondents. )
APPEAL FROM THE REVIEW BOARD
OF THE DEPARTMENT OF WORKFORCE DEVELOPMENT
The Honorable Susan K. Kelly, Chairperson, The Honorable George H. Baker, Member
And The Honorable Sheri L. Clark, Member
Cause No. 01-R-780
February 27, 2003
OPINION - FOR PUBLICATION
FRIEDLANDER, Judge
Stephen F. Ramsey applied for unemployment benefits after being discharged by Cintas Corporation
No. 2 (Cintas).
See footnote A deputy in the local office of the Indiana
Department of Workforce Development determined that Ramsey was entitled to unemployment benefits because
Cintas failed to establish that the discharge was for just cause. Cintas
appealed this determination and requested a hearing before an administrative law judge (ALJ),
arguing that Ramsey violated a written standard of conduct that provided for immediate
discharge upon an employees [a]bsence of three consecutive working days without notifying the
Company.
Exhibits at 6. Following an evidentiary hearing, the ALJ reversed
the determination of the deputy and concluded that Ramsey was discharged for just
cause
See footnote and, therefore, not entitled to benefits. Ramsey appealed to the Review
Board of the Indiana Department of Workforce Development (the Review Board), which adopted
the findings and conclusions entered by the ALJ and affirmed the denial of
unemployment benefits. Proceeding pro se, Ramsey now appeals the determination of the
Review Board.
We affirm.
We begin by observing that one who proceeds pro se is held to
the same established rules of procedure that a trained legal counsel is bound
to follow and, therefore, must be prepared to accept the consequences of his
or her action.
Mullis v. Martin, 615 N.E.2d 498, 500 (Ind. Ct.
App. 1993). While we prefer to decide cases on the merits,
we will deem alleged errors waived where an appellants noncompliance with the rules
of appellate procedure is so substantial it impedes our appellate consideration of the
errors. Id. The purpose of our appellate rules, Ind. Appellate Rule
46 in particular, is to aid and expedite review and to relieve the
appellate court of the burden of searching the record and briefing the case.
We will not become an advocate for a party, nor will we
address arguments which are either inappropriate, too poorly developed or improperly expressed to
be understood. Terpstra v. Farmers and Merchants Bank, 483 N.E.2d 749, 754
(Ind. Ct. App. 1985), trans. denied.
Ramseys appellate brief contains a multitude of deficiencies and violates nearly every provision
of App. R. 46(A) in some way.
See footnote In a relatively minor initial
misstep, Ramsey violates App. R. 46(A)(2) by failing to
alphabetically arrange authorities in
his table of authorities section. More flagrant violations, though, are quick to
follow.
App. R. 46(A)(4) provides that the statement of issues section shall concisely and
particularly describe each issue presented for review. Ramseys statement sets forth the
following issues:
definition of the word notifying
the meaning and implication of the Unitog rule Absence of three consecutive working
days without notifying the company.
the complete ignorance by the Review Board and the Administrative Law Jude of
the Cintas Attendance Policy requiring the company to warn before termination.
the denial of due process by the ALJ, by cutting off witness answers
and perjudge (sic) of the appeallant (sic)
Cintas Human resource manager Tara MILLER s (sic) confusinng (sic), inacarttatr (sic) testimon
(sic) missleading (sic) testimony.
(sic)
Appellants Brief at 4. This statement certainly does not satisfy the requirements
of the rule or sufficiently apprise this court of the issues presented for
review.
App. R. 46 next requires an appellant to provide a statement of case,
which shall briefly describe the nature of the case, the course of the
proceedings relevant to the issues presented for review, and the disposition of these
issues by the trial court or Administrative Agency. App. R. 46(A)(5).
Rather than comply with the rule, Ramsey presents an unnecessarily lengthy statement that
is littered with argument,
See footnote facts favorable to him, and new information that is
entirely outside the record.See footnote
We now turn to the statement of facts section. An appellant is
required to provide a narrative and fair statement of the facts presented in
accordance with the standard of review appropriate to the judgment or order being
appealed, which in this case requires that the facts be presented in a
light most favorable to the decision of the Review Board. App. R.
46(A)(6);
see also Stanrail Corp. v. Review Bd. of Dept of Workforce Dev.,
735 N.E.2d 1197 (Ind. Ct. App. 2000) (setting forth appropriate standard of review),
trans. denied. The statement of facts must also be devoid of argument.
Pitman v. Pitman, 717 N.E.2d 627 (Ind. Ct. App. 1999). Ramseys
statement of facts is almost purely argument and certainly does not provide a
fair narrative of the facts stated in a light most favorable to the
Review Boards ruling.
See footnote Moreover, as he did in his statement of the
case, Ramsey continues to present facts that were not presented below and, therefore,
are not supported by page references to the record, in violation of App.
R. 46(A)(6)(a).See footnote W
ith the facts that Ramsey has presented, we could not
intelligently consider each question presented without reading the entire record to determine the
true facts. See Terpstra v. Farmers and Merchants Bank, 483 N.E.2d at
753 (appellants brief [must] be prepared so that a judge, considering the brief
alone and independently from the record, can intelligently consider each question presented).
Following his statement of facts but before his argument section, Ramsey inserts a
three-page section entitled Human Resource Manager Millers Testimony. In this rogue section,
Ramsey attacks Millers credibility and describes her testimony as misleading, inaccurate, confusing, and
is perjury. Appellants Brief at 10. He accuses Miller of knowingly
making false statements and concludes this section by stating, This type of testimony
goes on, some of it is so outrageous that Ramsey is just astounded
with Millers testimony. Id. at 11-12. Without detailing the flaws in
each of Ramseys accusations, we simply observe that he misstates the record on
numerous instances, includes facts outside the record, and does not fairly present Millers
testimony. An impartial reading of Millers testimony reveals the unwarranted and outrageous
nature of Ramseys accusations of perjury. Moreover, we note that it is
not our place on appeal to assess the credibility of a witness.
See Stanrail Corp. v. Review Bd. of Dept of Workforce Dev., 735 N.E.2d
1197.
App. R. 46 next requires that an appellant provide a summary of argument
section, which should contain a succinct, clear, and accurate statement of the arguments
made in the body of the brief. App. R. 46(7). Such
a summary might have helped us decipher the issues that Ramsey presented for
review. To our disappointment, however, Ramsey entirely omits this section from his
appellate brief.
See footnote
We finally reach the argument section of Ramseys brief, which should contain his
contentions, supported by cogent reasoning and relevant authority, as to why the Review
Board committed reversible error. App. R. 46(A)(8) provides in part:
The argument must contain the contentions of the appellant on the issues presented,
supported by cogent reasoning. Each contention must be supported by citations to
the authorities, statutes, and the Appendix or parts of the Record on Appeal
relied on, in accordance with Rule 22.
The argument must include for each issue a concise statement of the applicable
standard of review; this statement may appear in the discussion of each issue
or under a separate heading placed before the discussion of the issues.
In addition, the argument must include a brief statement of the procedural and
substantive facts necessary for consideration of the issues presented on appeal, including a
statement of how the issues relevant to the appeal were raised and resolved
by any Administrative Agency or trial court.
Each contention shall have an argument heading. If substantially the same issue
is raised by more than one asserted error, they may be grouped and
supported by one argument.
* * *
Id. (emphasis supplied). Ramseys argument fails each of these requirements. First,
he fails to provide a statement of the applicable standard of review.
Second, he does not separately discuss each of the issues set forth in
the issue section and does not provide even one argument heading. Rather,
his arguments are jumbled together and, as noted previously, intermixed with other sections
of his brief. His most serious violation is his failure to support
his arguments with relevant authority. We note that Ramsey does not even
cite I.C. § 22-4-15-1, the statute which defines discharge for just cause and
under which he was denied benefits. Further, the few cases cited in
this section are neither discussed by Ramsey nor applied to the facts of
the instant case. The citations are also devoid of pinpoints to help
us determine where, within a decision, support for his contentions may be found.
See footnote
We will not, on review, search through the authorities cited by a
party in order to try to find legal support for its position.
Reed Sign Service, Inc. v. Reid, 755 N.E.2d 690, 695 n.4 (Ind. Ct.
App. 2001), trans. denied. We decline to research and brief Ramseys case
for him.
We note one final violation of App. R. 46. While Ramsey attempts
to comply with App. R. 46(10), which requires an appellant to include the
appealed judgment or order in the appellants brief, he succeeds only in placing
in his brief one page of the two-page findings of fact and conclusions
adopted by the Review Board.
While we are often tolerant of minor infractions of the appellate rules so
that we may decide appeals on their merits, those rules are nonetheless binding
on all persons bringing appeals to this court. Sartain v. Blunck, 453
N.E.2d 324, 325 (Ind. Ct. App. 1983). In the instant case, because
Ramseys noncompliance with the appellate rules substantially impedes us from reaching the merits
of this appeal, we are compelled to find the issues raised are waived.
See Mullis v. Martin, 615 N.E.2d 498.
Affirmed.
BROOK, C.J., and MATTINGLY-MAY, J., concur.
Footnote:
Cintas was formerly known as Unitog.
Footnote:
The ALJ based its just cause determination on Ind. Code
Ann. § 22-4-15-1(d)(2) (West, PREMISE through 2002 1
st Special Sess.). This provision
defines just cause to include a knowing violation of a reasonable and uniformly
enforced rule of an employer. Id.
Footnote:
We note that Ramsey does provide a satisfactory table of
contents (App. R. 46(A)(1)) and conclusion (App. R. 46(A)(9)) in his brief.
Footnote: For example, Ramsey states, Just like in all these type
of situations, the cover up and perjury is worse than the original unfair
termination.
Appellants Brief at 5. Ramsey also refers to the testimony
of Tara Miller, Cintass representative at the hearing, as complete fantasy. Id.
at 7.
Footnote:
Ramsey spends a significant portion of his statement of case
discussing information related to his employment with Cintas (and, of course, favorable to
him) that was not presented at the hearing.
Footnote: For example, Ramsey asserts that Miller had written notification that
he would be off work. A fair reading of the testimony cited
by Ramsey, however, reveals that Miller only received a sick-pay form for November
27, 2000, which was two days prior to the relevant time period.
Footnote:
One of the most blatant examples of this from either
section of his brief is Ramseys statement, In fact Mr. Bob Buck president
of Cintas Corp. informed the employees in Jan. of 2000 that all Unitog
rules were no longer in force.
Appellants Brief at 9.
Footnote:
While Ramsey provides a summary of argument section in his
reply brief, this does not cure the initial omission. We note that
the appellee did not have the benefit of this summary when preparing its
brief. In the summary section of his reply brief, Ramsey argues that
the Review Board failed to discuss in its appellate brief the basic question
raised by the appellant Ramsey in his appeal, namely: Why the Review
Board failed to discuss the Cintas policy requiring a series of written warnings
before the possibility of termination and why the appellant was not under the
requirements of these rules.
Appellants Reply Brief at 3. We cannot
fault the Review Board for failing to divine from Ramseys appellate brief that
this was the basic question on appeal. Moreover, we observe that a
simple answer to Ramseys question is that the standard of conduct that he
was charged with violating did not require a written warning, but rather provided
for discharge upon the first violation. Further, Ramsey could not have received
any written or verbal warnings prior to his dismissal because he failed to
return to work.
Footnote:
We direct Ramsey to Ind. Appellate Rule 22(A), which states
that citations to cases in briefs should follow the format put forth in
the current edition of a Uniform System of Citation (Bluebook).