ILNews

Appeal filed beyond 30-day limit must raise new facts

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In dismissing an interlocutory appeal as untimely, the Indiana Court of Appeals told the appellants they still have the ability to attack the trial court’s interlocutory orders.

James Kindred, Thomas Kindred and Sam Kindred filed a motion to dissolve a preliminary injunction six months after the Owen Circuit Court entered an order granting the injunction.

The trial court denied the Kindreds’ motion to dissolve as well as their motion to reconsider. Within 30-days of the denial, they filed a notice of appeal from the trial court’s interlocutory order.

On appeal, the defendants claim the motion to dissolve was not based on any new facts or circumstances that had arisen since the trial court’s entry of the preliminary order. Instead it was based on arguments that were available at the time the preliminary injunction was entered.

 “If a party fails to do so (to challenge a preliminary injunction order within 30 days), it may not thereafter seek to dissolve the preliminary injunction based upon grounds that were known or knowable at the time of the entry of the preliminary injunction, as this would simply be a belated, collateral attack on the trial court’s initial decision to enter or deny the injunction,” Judge Paul Mathias wrote in James Kindred, Thomas Kindred, and Sam Kindred v. Betty Townsend and Harmon Crone, 60A01-1304-PL-156. “To hold otherwise would allow limitless appeals based on the same facts tried and decided to enter or deny a preliminary injunction.”

In a footnote, the Court of Appeals pointed out to the Kindreds that their appeal may not be dead. Citing Bojrab v. Bojrab, 810 N.E.2d 1008, 1014 (Ind. 2004), the COA noted the Kindreds may attack the trial court’s interlocutory orders on appeal from the final judgment.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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