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Father’s appeal dismissed as untimely

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A Madison County father challenging the denial of his petition for change of custody did not timely file his appeal, so the Indiana Court of Appeals dismissed it.

In D.C., Jr. v. C.A., J.D.A. and B.A., 48A05-1305-JP-265, father D.C. Jr. appealed the order from Madison Circuit Court denying his petition for change of custody of his son, C.C., with whom he shared joint legal custody with C.C.’s maternal grandparents.  

The denial of the petition was signed Jan. 17, 2013. The father was granted an extension – until March 31 – to file his memorandum in support of his motion to correct error, which he timely filed on Feb. 8. The grandparents didn’t respond to father’s motion, and the motion was deemed denied pursuant to Ind. Trial Rule 53.3. Father filed his notice of appeal May 30.

Since the trial court did not set the motion for a hearing, it would have been deemed denied 45 days after it was filed, which would have been March 25, so father’s notice would have been due April 24.

“Assuming without deciding that the trial court order granting Father’s Motion for Extension to file the supporting memorandum also extended the deadline by which it must rule on the Motion to Correct Error to the extent permitted under Trial Rule 53.3(D), the new deadline for ruling would have been April 24, 2013. When the trial court failed to rule by such date, Father’s Motion to Correct Error was deemed denied and his Notice of Appeal would have been due May 24, 2013,” Judge James Kirsch wrote.

Since D.C. Jr. did not file his appeal until May 30, it was outside either due date mentioned by the court. Since a timely filing is a prerequisite for jurisdiction, the Court of Appeals does not have jurisdiction over his appeal.

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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