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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Mar 02 2012, 9:07 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: GARY W. MOODY Franklin, Indiana

ATTORNEY FOR APPELLEE: MICHAEL R. AUGER Franklin, Indiana

IN THE COURT OF APPEALS OF INDIANA
GARY W. MOODY, Appellant, vs. CITY OF FRANKLIN, Appellee. ) ) ) ) ) ) ) ) )

No. 41A04-1106-PL-294

APPEAL FROM THE JOHNSON CIRCUIT COURT The Honorable K. Mark Loyd, Judge The Honorable Marla K. Clark, Magistrate Cause No. 41C01-1105-PL-40

March 2, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION FRIEDLANDER, Judge

Gary W. Moody, pro se, appeals the trial court's order denying his petition for preliminary injunction against the City of Franklin (the City). Moody presents several issues for our review. Due to the inadequacy of the appellate materials and argument provided by Moody, however, we dismiss the appeal. We dismiss. On May 5, 2011, Moody filed a petition for injunction to restrain the City from awarding contracts for its 2011 Paving Program. The primary basis of the injunction sought by Moody was his belief that Trent Newport, the newly-appointed City Engineer, was not directly supervising the 2011 Paving Project. Following a hearing, at which limited evidence was presented, the trial court denied Moody's request for a preliminary injunction on May 18, 2011, and scheduled the matter for final hearing in September. Moody immediately appealed from this denial as a matter of right under Ind. Appellate Rule 14(A)(5). Initially, we observe that Moody filed a similar suit against the City regarding the 2010 Paving Program. In October 2010, Moody unsuccessfully sought to enjoin the City from continuing with a street-paving project. His suit was based on the fact that the City Engineer (acting under the official title of Director of Engineering) at the time, Todd A. Wilkerson, was not a licensed engineer. As he does in the instant case, Moody pointed to Ind. Code Ann.

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