Michael Clark v. Elisa M Mrozinski
CourtIndiana Court of Appeals
Date FiledNovember 13, 2026
Docket26A-MI-00538
JudgeJudge Scheele
StatusPublished
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Full Opinion
Pursuant to Ind. Appellate Rule 65(E), the trial court and parties shall not take any
action in reliance upon this Opinion until it is certified.
IN THE
Court of Appeals of Indiana
FILED
Nov 13 2026, 8:54 am
Michael W. Clark,
CLERK
Appellant-Plaintiff Indiana Supreme Court
Court of Appeals
and Tax Court
v.
Elisa Mrozinski, Individually and as Personal Representative of
the Estate of James L. Clark, Deceased, and as a corporate
officer of TransAmerican, Inc.,
Appellee-Defendant
November 13, 2026
Court of Appeals Case No.
26A-MI-538
Appeal from the LaPorte Superior Court
The Honorable Jeffrey L. Thorne, Judge
Trial Court Cause No.
46D03-2109-MI-1749
Opinion by Judge Scheele
Judges May and Pyle concur.
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Scheele, Judge.
Case Summary
[1] Following a dispute regarding their late father’s estate, Michael W. Clark and
Elisa Mrozinski entered into a mediation settlement agreement. Soon after,
disagreements arose over the parties’ performances under that agreement, and
the trial court issued an order in part resolving these disputes and ordering the
parties to comply with the agreement. Later, Mrozinski filed a rule to show
cause, asserting Clark had failed to comply with the court’s order and with the
agreement. Following a hearing, the trial court agreed and ordered sanctions.
Clark now appeals.
Facts and Procedural History
[2] Clark and Mrozinski are half-siblings and the children of James L. Clark, who
died intestate on September 8, 2021. For years prior to James’s death,
Mrozinski acted as his power of attorney (POA), and following his death she
was named personal representative of his estate. On September 15, Clark filed
his verified action for mandate in the LaPorte Superior Court, requesting a
written accounting of actions Mrozinski took as POA. 1 Thereafter, an estate
case was opened in California to handle the disposition of property in that state.
1
An Indiana estate case was opened in September 2021. The trial court denied Clark’s request to consolidate
that case with this one. In 2023, Clark filed a separate action seeking corporate records of TransAmerican,
Inc., a corporation owned by James prior to his death and managed by Mrozinski for many years. That
action was later consolidated under this cause number.
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For the next several years, the parties continued to litigate various issues
relating to the estate.
[3] On July 9, 2024, the parties participated in mediation and signed a mediation
settlement agreement (the Agreement). The Agreement provided in relevant
part that the estate would convey to Clark certain California real estate, and
that Clark would purchase certain Indiana real estate from the estate. However,
soon after the Agreement was executed, a dispute arose over the California real
estate, and both parties accused the other of failing to perform under the
Agreement. In August, both parties filed motions to enforce the Agreement,
with Clark requesting in the alternative that the court terminate the Agreement.
[4] On September 16, the court issued an order (the September 2024 Order)
denying Clark’s motion and ordering the parties to proceed under the terms of
the Agreement in good faith. The court stated that “any issues regarding the
transfer of the . . . California property” were to be determined by the California
court but specified it would retain jurisdiction over Clark’s contentions that
Mrozinski failed to comply with the Agreement. Appellant’s App. Vol. II p. 93.
[5] On October 31, Clark filed in the California estate case a series of objections,
some of which argued the Agreement was unenforceable based on Mrozinski’s
alleged failure to comply. In November, Mrozinski filed a rule to show cause,
alleging Clark to be in contempt of court for failing to comply with the
September 2024 Order and to have violated the Alternative Dispute Resolution
(ADR) Rules by failing to comply with the Agreement. Specifically, Mrozinski
argued the objections Clark filed in the California case were an attempt “to
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avoid the terms of the [Agreement]” and to “collaterally attack” the trial court’s
September 2024 Order, which retained jurisdiction over Clark’s challenges to
the Agreement. Id. at 98.
[6] A hearing was held in December, after which the trial court took the matter
under advisement pending the outcome of the California case. In May 2025, the
California court issued an order denying Clark’s objections. Mrozinski then
filed notice of this ruling with the trial court and again requested the court
enforce the Agreement and award “attorney fees and costs incurred in
enforcing” the Agreement. Id. at 141. A hearing was held in August, after
which the court allowed both parties to file additional briefing.
[7] In October, the trial court issued an order (the October 2025 Order) finding the
following:
15. While CLARK certainly had the right to litigate in the
California estate, the issues he had relative to whether or not the
Preliminary Commitment to Title Insurance would constitute
warrantable title free and clear of all liens and encumbrances, his
objection to MROZINSKI’S Final Account and the entirety of
Section 3 entitled: “The Settlement Agreement is Unenforceable”
consisting of paragraphs 42 through 80, are in clear violation of
Court’s Order of September 16, 2024.
***
19. CLARK’S actions in violation of this Court’s Order of
September 16, 2024 were knowing and willing which constitutes
contempt of court.
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20. As a result of CLARK’S failure to comply with the
[Agreement], as well as this Court’s Order of September 16,
2024, MROZINSKI and the entities for which she serves as
representative have incurred taxes, insurance and security
expenses totaling $117,655.50 for which CLARK should be
ordered to reimburse to MROZINSKI.
21. ADR 2.7(E)(3) and ADR 2.10 provides that the Court may
impose sanctions including costs and attorney’s fees.
MROZINSKI, personally, and the entities for whom she serves
as representative, incurred attorneys’ fees totaling $51,617.75
plus expenses of $8,579.61 for a total of $60,197.36, which
CLARK should be ordered to reimburse to MROZINSKI.
IT IS THEREFORE ORDERED, ADJUDGED AND
DECREED that MROZINSKI’S request for a finding of
contempt against MICHAEL CLARK should be, and the same,
is hereby granted and MICHAEL CLARK is found to be in
contempt of this Court's Order of September 16, 2024.
Id. at 199 (formatting altered). The final paragraph of the court’s order
stated:
IT IS FURTHER ORDERED, ADJUDGED AND DECREED
that MICHAEL CLARK be, and he is hereby ordered by way of
sanctions and violation of the Court’s Order, to pay to
Defendant, ELISA MROZINSKI, in her personal and
representative capacities, the total sum of $177,852.86 payable
within 45 days of the date of this Order. Failure to comply may
result in further sanctions including, but not limited to, interest.
Id. (formatting altered).
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[8] Clark filed a motion to correct error. Following a hearing on that motion, the
court issued an order in January 2026 amending the final paragraph of the
October 2025 Order to the following:
IT IS FURTHER ORDERED, ADJUDGED AND DECREED
that MICHAEL CLARK be, and he is hereby ordered by way of
sanctions under ADR 2.7(E)(3) and ADR Rule 2.10 and
violation of the Court’s Order, to pay to Defendant, ELISA
MROZINSKI, in her personal and representative capacities,
additional expenses incurred including taxes, insurance and
security totaling $117,655.50, as well as attorney’s fees of
$51,617.75 plus expenses of $8,579.61 totaling $60,197.36 for a
grand total of $177,852.86 payable within 45 days of the date of
this Order. Failure to comply may result in further sanctions
including, but not limited to, interest.
Id. at 25 (formatting altered). The court ordered that “all other portions”
of the October 2025 Order “shall remain in full force and effect.” Id.
Clark now appeals.
Discussion and Decision
I. Waiver
[9] We first address Mrozinski’s contention that Clark has waived certain
arguments due to violations of our Indiana Appellate Rules. A failure to
comply with our appellate rules can result in waiver of a claim. Dridi v. Cole
Kline LLC, 172 N.E.3d 361, 364 (Ind. Ct. App. 2021). “Although we prefer to
decide issues on the merits, where the appellant’s noncompliance with the rules
of appellate procedure is so substantial that it impedes our appellate
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consideration of the errors, we may deem the alleged errors waived.” Id. “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.” Id. (quotation omitted).
[10] Clark’s first argument appears to be a challenge to the trial court’s finding of
contempt. We note that both parties state that the trial court removed its finding
of contempt in its amended order following Clark’s motion to correct error. 2
Thus, it is unclear why Clark is challenging a finding he claims was amended in
his favor. Nonetheless, we find this argument waived for other reasons. Clark
purports the trial court could not have found him in contempt for violating the
September 2024 Order because that order violated his rights under the First
Amendment to the United States Constitution. But Clark does not support this
argument with any citation to specific legal authority, instead merely
contending that he “cites the First Amendment of the United States
Constitution and all decisional law construing it[.]” Appellant’s Br. p. 26. 3 Such
vague assertions do not comply with Appellate Rule 46(A)(8)(a), which requires
each argument to be supported by citations to relevant legal authorities. Nor
2
Both parties contend the trial court removed its contempt finding when it amended its order following
Clark’s motion to correct error. Our review of the record leaves us unconvinced. The trial court’s October
2025 Order includes a finding of contempt, a finding of ADR Rule violations, and an award of sanctions.
The January 2026 Order amended only one paragraph of the October 2025 Order—a paragraph relating to
damages—and stated all other parts of the October 2025 Order remain. Thus, it appears the contempt finding
from the October 2025 Order survived the January 2026 Order. Nonetheless, because we find Clark’s
challenge to the contempt finding is waived, this has no effect on the outcome of our decision.
3
We further note that Clark did not raise this issue in the trial court, and for that reason alone this argument
is waived. Est. of Thompson v. Thompson, 284 N.E.3d 688, 696 n.8 (Ind. Ct. App. 2026) (“It is well established
that issues raised for the first time on appeal are waived, including constitutional issues.”).
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does Clark support his contention with cogent reasoning. See App. R.
46(A)(8)(a) (requiring each argument to be supported by cogent reasoning).
[11] Clark next argues the trial court made “an error of contractual interpretation,”
apparently as to the requirements of the Agreement. Appellant’s Br. p. 29. This
argument again is not sufficiently supported by legal citation or cogent
argument. See id. at 28-29.
[12] We have previously stated:
We demand cogent argument supported with adequate citation
to authority because it promotes impartiality in the appellate
tribunal. A court which must search the record and make up its
own arguments because a party has not adequately presented
them runs the risk of becoming an advocate rather than an
adjudicator. Keller v. State, 549 N.E.2d 372, 373 (Ind. 1990). A
brief should not only present the issues to be decided on appeal,
but it should be of material assistance to the court in deciding
those issues. Hebel v. Conrail, Inc., 475 N.E.2d 652, 659 (Ind.
1985). On review, we will not search the record to find a basis for
a party’s argument . . . nor will we search the authorities cited by
a party in order to find legal support for its position.
Young v. Butts, 685 N.E.2d 147, 151 (Ind. Ct. App. 1997) (footnote omitted).
[13] Given the lack of cogent argument and citation to relevant legal authorities, we
cannot address these arguments. However, where possible, we prefer to address
arguments on their merits. Thus, we will address Clark’s arguments as to
sanctions, as these are sufficiently developed so as not to meaningfully impede
our review.
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II. Sanctions
[14] Clark argues the court erred in ordering him to pay damages as a sanction for
violating the ADR Rules. We generally review a case involving a sanction
against one party made at the request of the opposing party for an abuse of
discretion. Smith v. Archer, 812 N.E.2d 218, 220 (Ind. Ct. App. 2004). An abuse
of discretion occurs if the trial court’s decision is clearly against the logic and
effect of the facts and circumstances before the court. Id.
[15] Here, the trial court awarded sanctions under ADR Rules 2.10 and 2.7(E)(3).
See Appellant’s App. Vol. II p. 25. ADR Rule 2.10 provides, “Upon motion by
either party and hearing, the court may impose sanctions against any attorney,
or party representative who fails to comply with these mediation rules, limited
to assessment of mediation costs and/or attorney fees relevant to the process.”
ADR Rule 2.7(E)(3) provides, “In the event of any breach or failure to perform
under the agreement, upon motion, and after hearing, the court may impose
sanctions, including entry of judgment on the agreement.”
[16] Clark first asserts that sanctions were improper because he did not act in bad
faith. But a showing of bad faith is not necessarily required. “[B]efore
sanctioning a party for violating an ADR rule, trial courts should examine not
only whether a rule violation has occurred, but also whether the violation was
intentional or in bad faith and whether it resulted in prejudice to the party
moving for sanctions.” Smith, 812 N.E.2d at 221. Here, while the court did not
explicitly find Clark acted intentionally, it did find Clark’s actions were
“knowing and willing[.]” Appellant’s App. Vol. II p. 199. The record supports
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this finding. The trial court’s September 2024 Order clearly retained jurisdiction
over Clark’s challenges to the Agreement and ordered him to comply with the
Agreement. Notwithstanding this order, the following month Clark filed a
motion in another court attempting to challenge the enforceability of the
Agreement. From this, we can infer that Clark acted intentionally in violating
the ADR Rules.
[17] Clark also argues the court should not have imposed sanctions following the
show-cause hearing because Clark received “no notice” that the issue of
damages would be presented at the hearing. Appellant’s Br. p. 31. We first note
that Clark did not object to the hearing on this basis, nor did he request a
continuance, and thus he has waived this argument on appeal. 4 See B.A. v. State,
219 N.E.3d 134, 139 (Ind. Ct. App. 2023) (holding a party cannot argue they
were denied notice where they failed to object or move for a continuance).
Moreover, we find no abuse of discretion here. On May 28, 2025, Mrozinski
filed a motion requesting an order enforcing the Agreement. The motion also
requested Clark be ordered to pay “attorney fees and expenses incurred in the
enforcement of the [Agreement].” Appellant’s App. Vol. II p. 141. The court
then set a hearing for August. This was sufficient notice to Clark that the issue
of damages would be presented. Furthermore, after the presentation of
4
At the hearing, Mrozinski did “tender to the [c]ourt for filing a memorandum in support of the motion to
enforce” which included “a summary of what” Mrozinski was requesting and what evidence she would
present. Tr. Vol. II pp. 106-07. Clark objected to the memorandum on the basis that he had not had time to
review it. But he did not object on this basis to any of the other evidence, nor did he object to the court
holding the hearing or ask for a continuance.
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evidence, the trial court took the matter under advisement and allowed the
parties to submit additional briefing on the issue. Given this, we cannot say the
trial court abused its discretion in holding the hearing and in making a
determination as to damages. 5
III. Appellate Attorney Fees
[18] Finally, Mrozinski contends Clark’s appeal “is an example of procedural bad
faith” and asks us to remand for an award of appellate attorney fees pursuant to
Indiana Appellate Rule 66(E). Appellee’s Br. p. 24. Our court’s discretion to
award Rule 66(E) appellate attorney fees is limited to circumstances where the
appeal is “permeated with meritlessness, bad faith, frivolity, harassment,
vexatiousness, or purpose of delay.” Thacker v. Wentzel, 797 N.E.2d 342, 346
(Ind. Ct. App. 2003). “[T]he sanction is not imposed to punish mere lack of
merit but something more egregious.” Troyer v. Troyer, 987 N.E.2d 1130, 1148
(Ind. Ct. App. 2013) (citation omitted), trans. denied. As such, our court
exercises caution in awarding appellate attorney fees because of the “potentially
chilling effect the award may have upon the exercise of the right to
appeal.” Holland v. Steele, 961 N.E.2d 516, 529 (Ind. Ct. App. 2012), trans.
denied.
5
The trial court ordered Clark to pay $177,852.86 in sanctions pursuant to ADR Rules 2.10 and 2.7(E)(3). At
times, Clark appears to characterize the award as erroneous. See Appellant’s Br. p. 31 (arguing the award was
a “travesty of justice); see also Appellant’s Reply Br. p. 21 (noting the trial court’s award was a “shocking
injustice”). However, he makes no cogent argument challenging the sanction amount or type. Rather, he
frames his argument only as a challenge to the court’s decision to hold a hearing on damages. We similarly
confine our review to this issue.
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[19] Mrozinski argues appellate fees under Rule 66(E) are warranted here because
Clark’s brief shows procedural bad faith. Procedural bad faith
occurs when a party flagrantly disregards the form and content
requirements of the rules of appellate procedure, omits and
misstates relevant facts appearing in the record, and files briefs
written in a manner calculated to require the maximum
expenditure of time both by the opposing party and the reviewing
court.
Thacker, 797 N.E.2d at 346-47. Mrozinski points to Clark’s “non-compliance
with the appellate rules, the most glaring of which is the absence of cogent
argument and citation of authorities” as well as various citation errors included
in the brief. Appellee’s Br. p. 24. We agree Clark’s brief fails to comply with our
appellate rules in these respects, at times resulting in waiver of his claims due to
the hindrance of our review. Nonetheless, we “use extreme restraint when
exercising our discretionary power to award attorney fees” and do not believe
the violations here rise to such a level that appellate attorney fees are warranted
under Rule 66(E). Wagner v. Spurlock, 803 N.E.2d 1174, 1184 (Ind. Ct. App.
2004). We therefore deny Mrozinski’s request.
[20] Mrozinski next argues we should remand the case for the trial court to
determine whether Clark’s violations of the ADR Rules warrant imposition of
appellate attorney fees. “Simply because attorney fees may not be appropriately
awarded by this court under our appellate rules, a trial court is not precluded
from awarding reasonable fees for an appeal based upon another statute, rule,
or agreement allowing for such an award.” Id. at 1185. As noted above, ADR
Rule 2.10 allows for the award of sanctions, including attorney fees, against any
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attorney or party representative who fails to comply with the mediation rules.
And ADR Rule 2.7(E)(3) allows for the award of sanctions for breach or a
failure to perform a mediation settlement agreement. We thus remand for the
trial court to consider whether appellate attorney fees are warranted here. See id.
(determining attorney fees were not warranted under Rule 66(E) but
nonetheless remanding for the trial court to determine whether such fees were
warranted under the ADR Rules).
[21] Affirmed and remanded.
May, J., and Pyle, J., concur.
ATTORNEYS FOR APPELLANT
Michael T. Sawyier
Chesterton, Indiana
Benjamin T. Ballou
Crown Point, Indiana
ATTORNEYS FOR APPELLEE
Robert J. Palmer
R. William Jonas, Jr.
May Oberfell Lorber LLP
Mishawaka, Indiana
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