History
  • No items yet
midpage
D.C., Jr. v. C.A., J.D.A. and B.A.
5 N.E.3d 473
Ind. Ct. App.
2014
Read the full case

Background

  • C.C. was born out of wedlock in February 2011 and lived with his maternal grandparents (Grandparents) shortly after birth.
  • Father filed a paternity petition (Feb 2011) and requested custody; Grandparents intervened and were appointed temporary guardians.
  • On June 20, 2011 the court established paternity, granted Father visitation, and left C.C. with the Grandparents pending full resolution.
  • The parties reached an agreed order (Sept 30, 2011) providing joint legal custody to Father and Grandparents and no child support obligation.
  • Father filed a petition to change custody (June 26, 2012); the trial court denied the petition after a hearing (order signed Jan 17, 2013).
  • Father filed a Motion to Correct Error (Feb 8, 2013) and requested time to file a supporting memorandum; the court granted a memorandum-extension to March 31, 2013. Father filed a Notice of Appeal on or about May 30, 2013; the Court of Appeals dismissed the appeal as untimely for lack of jurisdiction.

Issues

Issue Plaintiff's Argument (Father) Defendant's Argument (Grandparents) Held
Was Father’s Notice of Appeal timely? Father treated his Motion to Correct Error and the granted extension to file a memorandum as tolling/altering appellate deadlines, making his late-May filing timely. The Notice of Appeal was filed after the statutory appeal window following the deemed denial of the Motion to Correct Error; therefore it was untimely and deprives the court of jurisdiction. Appeal dismissed: Father’s Notice of Appeal was not timely; appellate jurisdiction lacking.

Key Cases Cited

  • Smith v. Deem, 834 N.E.2d 1100 (Ind. Ct. App. 2005) (motions‑panel rulings may be reconsidered by the full court)
  • Cincinnati Ins. Co. v. Young, 852 N.E.2d 8 (Ind. Ct. App. 2006) (court may reconsider motions‑panel decisions while appeal is pending)
  • Miller v. Hague Ins. Agency, Inc., 871 N.E.2d 406 (Ind. Ct. App. 2007) (appellate court has inherent authority to reconsider motions‑panel rulings)
  • Claywell v. Review Bd. of Ind. Dep’t of Emp’t & Training Servs., 643 N.E.2d 330 (Ind. 1994) (timely notice of appeal is jurisdictional)
  • Marchand v. Review Bd. of Ind. Dep’t of Workforce Dev., 905 N.E.2d 435 (Ind. Ct. App. 2009) (dismissal for untimely notice of appeal)
  • Bohlander v. Bohlander, 875 N.E.2d 299 (Ind. Ct. App. 2007) (timely filing of notice of appeal is jurisdictional prerequisite)
  • In re D.L., 952 N.E.2d 209 (Ind. Ct. App. 2011) (notice of appeal must be filed in the trial court clerk within thirty days)
  • Egly v. Blackford Cnty. Dep’t of Pub. Welfare, 592 N.E.2d 1232 (Ind. 1992) (parental rights are constitutionally protected)
Read the full case

Case Details

Case Name: D.C., Jr. v. C.A., J.D.A. and B.A.
Court Name: Indiana Court of Appeals
Date Published: Mar 19, 2014
Citation: 5 N.E.3d 473
Docket Number: 48A05-1305-JP-265
Court Abbreviation: Ind. Ct. App.