ILNews

Father’s appeal dismissed as untimely

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

ADVERTISEMENT