Narrative Opinion Summary
The case involves an appellant, Kathy Collins, seeking to extend her deadline for filing an appeal against a summary judgment in favor of Covenant Mutual Insurance Company (CMIC) through Indiana Trial Rule 60. The trial court had issued a final judgment granting CMIC's motion for summary judgment. Collins alleged she was unaware of this ruling due to miscommunication from court personnel and failed to file a timely praecipe for appeal. She later sought relief, arguing a lack of notice, which Special Judge Dane P. Nash initially granted, allowing her to appeal. However, CMIC cross-appealed, contending that relief should be sought under Indiana Trial Rule 72, which governs notice of judgments. The court ultimately ruled that the proper procedure was under Trial Rule 72, which provides an extension only if the Clerk's Chronological Case Summary (CCS) lacks a notice entry. In this case, the CCS indicated that notice was sent, nullifying Collins' argument and rendering her appeal untimely. Consequently, the appeal was dismissed, and the Court of Appeals' opinion was vacated, with Justices DeBruler and Givan concurring and Justices Dickson and Sullivan dissenting without opinion.
Legal Issues Addressed
Clerk's Chronological Case Summary (CCS) Notice Requirementsubscribe to see similar legal issues
Application: The CCS's notation confirmed that notice was sent regarding the summary judgment, thus satisfying Trial Rule 72(E)'s requirements and negating Collins' claim of not receiving notice.
Reasoning: The CCS contains a specific notation indicating that a notice was sent regarding various motions and the resulting judgments, including a summary judgment.
Final Judgment and Appeal Timeliness under Trial Rule 54subscribe to see similar legal issues
Application: The trial court's order granting CMIC's motion for summary judgment was a final judgment under Trial Rule 54, and Collins failed to file the necessary praecipe for appeal within the statutory period.
Reasoning: On January 31, 1991, the trial court issued an order and an entry, granting CMIC's motion for summary judgment, which constituted a final judgment under Trial Rule 54.
Notice and Appeal Deadlines under Indiana Trial Rule 72subscribe to see similar legal issues
Application: Collins argued she did not receive notice of the summary judgment, but the court found that the proper procedure for addressing lack of notice was under Trial Rule 72, which does not affect the timeline unless specific exceptions are met.
Reasoning: According to Indiana Trial Rule 72, clerks must mail entry copies to all parties and maintain a record of this mailing.
Relief from Judgment under Indiana Trial Rule 60subscribe to see similar legal issues
Application: The appellant sought to extend the deadline for filing an appeal under Indiana Trial Rule 60, which was found inappropriate for addressing issues of notice regarding a judgment.
Reasoning: Kathy Collins, the appellant, sought to extend the deadline for filing an appeal through Indiana Trial Rule 60, which was deemed inappropriate as relief should be pursued under Trial Rule 72.