MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Apr 03 2020, 5:44 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. ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE Matthew A. Griffith Scott J. Fandre Griffith Xidias Law Group LLC Krieg DeVault LLP Indianapolis, Indiana Mishawaka, Indiana IN THE COURT OF APPEALS OF INDIANA Celso Abraham Clemente April 3, 2020 Ramirez, Court of Appeals Case No. Appellant-Plaintiff, 19A-PL-2174 Appeal from the Marion Superior v. Court The Honorable Patrick J. Dietrick, Swages Real Estate, LLC,1 Judge Appellee-Defendant. Trial Court Cause No. 49D12-1402-PL-4128 Mathias, Judge. 1 Several other defendants are named in the complaint below, but the appealed order pertains only to the complaint against Swages Real Estate, LLC. None of the additional defendants below entered an appearance, submitted a brief, or otherwise participated on appeal. Court of Appeals of Indiana | Memorandum Decision 19A-PL-2174 | April 3, 2020 Page 1 of 14 [1] Celso Abraham Clemente Ramirez a/k/a Maynor Clemente Ramos (“Maynor”) appeals the judgment of the Marion Superior Court denying his claim against Swages Real Estate, LLC (“Swages”) regarding certain property located at 5464 East 18th Street in Indianapolis (“the Property”). On appeal, Maynor presents six issues, which we consolidate and restate as: I. Whether the trial court abused its discretion by admitting certain evidence; II. Whether the trial court erred in concluding that Maynor was barred from recovery by the equitable doctrine of unclean hands; III. Whether the trial court clearly erred by concluding that Maynor had granted authority to a third party to sell the Property; and IV. Whether the trial court clearly erred by failing to award Maynor title to the Property, damages, and attorney fees. Because the trial court did not err in concluding that Maynor did not meet his burden of showing that he held title to the Property, we affirm. Facts and Procedural History2 [2] The identity of Maynor is a key factor in the resolution of this case. The name on his birth certificate is Maynor Clemente Ramos, but he has also used other names, including Maynor Clemente Judiel Ramos and Celso Abraham 2 Because Ramirez appeals following a bench trial in which the trial court entered judgment denying his claims, we restate the facts in the light most favorable to the trial court’s judgment. We remind Ramirez’s counsel that the Statement of Facts contained in an Appellant’s Brief must be “stated in accordance with the standard of review appropriate to the judgment or order being appealed.” Ind. Appellate Rule 46(a)(6)(b). Court of Appeals of Indiana | Memorandum Decision 19A-PL-2174 | April 3, 2020 Page 2 of 14 Clemente Ramirez. Maynor has a cousin in Guatemala whose name is Celso Abraham Celmente Ramirez. Maynor was born in Guatemala and entered the United States illegally in 1999 to visit his ...
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