ILNews

COA dismisses appeal as untimely under T.R. 53.3(A)

Back to TopE-mailPrintBookmark and Share

The Indiana Court of Appeals dismissed a man’s appeal from the denial of his motion to correct error because he didn’t file his notice within 30 days of when the motion was deemed denied, which happened before the trial court actually ruled on the motion.

The trial court found Robert Bergstrom committed speeding. He challenged the finding and filed what the trial court construed as a motion to correct error Dec. 8, 2008. On June 7, 2009, the trial court ordered his counsel to file a “formal” motion to correct error within 30 days, which the attorney did. A hearing was held Nov. 5, 2009, but the trial court didn’t take any action on his motion until Feb. 5, 2010 – 92 days after the hearing.

Bergstrom filed his notice of appeal March 4, 2010, which is within 30 days of the trial court order, but his notice is untimely because that’s not the date it was deemed denied under Indiana Trial Rule 53.3(A), wrote Judge Paul Mathias in Robert C. Bergstrom, Jr. v. State of Indiana, No. 92A05-1003-IF-170. T.R. 53.3(A) says if a trial court fails to rule on a motion to correct error within 30 days after it was heard, the pending motion shall be deemed denied.

Bergstrom should have appealed by Dec. 7, 2009. Since he did not, his appeal was dismissed as untimely.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. That comment on this e-site, which reports on every building, courtroom or even insignificant social movement by beltway sycophants as being named to honor the yet-quite-alive former chief judge, is truly laughable!

  2. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  3. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  4. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  5. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

ADVERTISEMENT