D.C., Jr. v. C.A., J.D.A. and B.A.
5 N.E.3d 473
Ind. Ct. App.2014Background
- 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)
