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Do I appeal or sumbit a motion to the motion to correct errors?

Fort Wayne, IN |

Filed emancipation of 19 year old. court 9/6 Denied until minor is able to be eligible for health insurance through job. order 9/6. Submitted motion to correct with date that child was eligible for insurance at on 9/24 job eligible 10/05. 11/24 rece'd 12/14 a civil notice, but not order. Modification for support denied. its obvious that judge missed a line item that was in the 9/6 order. file an appeal because this is being going on since 6/12? or talk directly with the court to have file reviewed and produce more documentation? state prosecutor, recalcuated support the same even though 2 of 3 children were emancipated? help

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Attorney answers 1


It is possible that the time to appeal has passed. Depending on the content of the Court's orders, the order you are attempting to appeal may be either a "final order" or an "interlocutory order." The Indiana Appellate Rules have different procedures to appeal these two types of orders and fairly strict deadlines. If the order is "final" you have thirty days from the date of order to file your notice of appeal with the Indian Court of Appeals. If the order is "interlocutory" you have thirty days to file a petition with the Trial Court asking the Trial Court to certify the Order for interlocutory appeal. If the Trial Court grants your petition, you then would have thirty days to file a motion with the Indiana Court of Appeals asking them to accept jurisdiction over the appeal.
You likely have not passed any deadlines to have the Trial Court revisit its prior orders. However, Indiana Trial Rules also impose fairly strict deadlines for filing a Motion to Correct Error. You may have to resort to a Motion for Relief from Order, under Trial Rule 60, or a Motion to Reconsider, under Trial Rule 53.4. Without seeing the orders, it is difficult to determine what procedure is most appropriate.

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