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

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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.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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