fails rule (Indiana) · Go Syfert
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fails rule in Indiana

6 Indiana opinions name it 1 courts 1983–2019 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Roscoe v. Roscoegreen
indctapp · 1996 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009Moore points to case law in which we held that the failure to act on a motion to correct error within the rule's prescribed time limit "extinguishes the court's authority to rule on the motion and any subsequent ruling is a nullity." See Johnson v. Johnson, 882 N.E.2d 223, 226-27 (Ind.Ct.App.2008) (quoting Roscoe v. Roscoe, 673 N.E.2d 820, 821 (Ind.Ct.App.1996)).

11
Johnson v. Johnsongreen
indctapp · 2008 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009Moore points to case law in which we held that the failure to act on a motion to correct error within the rule's prescribed time limit "extinguishes the court's authority to rule on the motion and any subsequent ruling is a nullity." See Johnson v. Johnson, 882 N.E.2d 223, 226-27 (Ind.Ct.App.2008) (quoting Roscoe v. Roscoe, 673 N.E.2d 820, 821 (Ind.Ct.App.1996)).

11
Kindred v. Stategreen
ind · 1989 · cited in 1 Indiana opinions naming this issue, 2001–2001
1 sentence

2001Moreover, in Kindred v. State, 540 N.E.2d 1161, 1173 (Ind.1989), our supreme court considered the argument that the trial court erred in its ruling on a defendant's "motion for discharge within thirty days, as required by Trial Rule 58.1(A)" The court did not indicate that T.R. 58.2(A) was inapplicable, but rather it concluded that there was no error in the trial court having denied the TR. 58.2(A) motion because it "was filed prematurely," before thirty days had passed.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Paulsen v. Malone green
indctapp · 2008
2 sentences

2012Here, because the trial court held two hearings on Chappell’s motion to correct error, we find this case distinguishable from Paulsen v. Malone, 880 N.E.2d 312 (2008).

2012Here, because the trial court held two hearings on Chappell’s motion to correct error, we find this case distinguishable from Paulsen v. Malone, 880 N.E.2d 312 (2008).

22012–2012
In Re: The Matter of D.J. and G.J., Children in Need of Services Gr.J. (Mother) and J.J. (Father) v. Ind. Dept. of Child Services green
ind · 2017
1 sentence

2019Id.

12019–2019
Reed v. State green
ind · 1895
2 sentences

1983Reed v. State (1895), 141 Ind. 116 , 40 N.E. 525 ; Welsh, Executor v. Brown (1983), 8 Ind.App. 421 , 35 N.E. 921 .

1983Reed v. State (1895), 141 Ind. 116 , 40 N.E. 525 ; Welsh, Executor v. Brown (1983), 8 Ind.App. 421 , 35 N.E. 921 .

11983–1983
Welsh v. Brown neutral
indctapp · 1893
2 sentences

1983Reed v. State (1895), 141 Ind. 116 , 40 N.E. 525 ; Welsh, Executor v. Brown (1983), 8 Ind.App. 421 , 35 N.E. 921 .

1983Reed v. State (1895), 141 Ind. 116 , 40 N.E. 525 ; Welsh, Executor v. Brown (1983), 8 Ind.App. 421 , 35 N.E. 921 .

11983–1983

Where else courts name it

OH 174 (1984–2026) SC 52 (2005–2026) CA 45 (1987–2026) IL 31 (1984–2026) TX 19 (1994–2024) IA 11 (2011–2025) AL 9 (1995–2012) IN 6 (1983–2019) ID 6 (2007–2023) MO 5 (1996–2020) LA 4 (2006–2014) AZ 4 (2010–2022) VA 3 (2008–2013) CO 2 (2008–2011) GA 2 (2014–2018) CT 2 (2000–2007) AR 2 (2010–2012) KY 2 (2021–2024) MN 2 (1994–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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