Call Now

Call Now

Call Now

Blog

Missing an Appellate Deadline in A Civil Case

What You Need to Know About Missing an Appellate Deadline in A Civil Case: Is It Jurisdictional or Forfeiture of the Appeal?

Civil appeals are guided by very rigid appellate rules. Generally, missing an appellate deadline precludes a civil appeal. The only remedy is a malpractice action against counsel who failed to advise his or her of the appellate deadline or missed this deadline.

This is unlike criminal appeals, where belated appeals may be allowed due to the potential loss of life and liberty by incarceration. This blog explores a very narrow remedy that the Indiana Court of Appeals and Supreme Court have embraced where the facts of a civil are such that the case should be decided on the merits.1

Most attorneys confuse the timeliness and appeal with the jurisdiction of the Indiana Court of Appeals or Indiana Supreme Court to hear or decide the matter.  This is the topical coverage of this blog post. In a prior blog, we addressed the notion that the missing of an appellate deadline for the Indiana Court of Appeals forfeits the appeal; however, this is not the same as the Court not having jurisdiction to accept and decide the untimely civil case in the right circumstances.

In a recent Indiana Supreme Court case, it determined that an appeal that was prematurely filed could be decided on the merits. Again, it referenced the appellate rules that higher courts have jurisdiction, and the failure to adhere to an appellate deadline results in forfeiture of the appeal--not the loss or lack of jurisdiction for the Indiana Court of Appeals or Supreme Court to accept and decide the case.

What this means to you, and your counsel is an untimely appeal may be forfeited, but does not deprive the Indiana Court of Appeals or Indiana Supreme Court of deciding the case on the merits. This shows the flexibility of the Indiana Appellate Court and their desire and goal to afford justice.

In any appeal, the rules are complex and technical because an appeal is an extraordinary remedy by itself relative to the number of trials. However, and appeal it is still a matter of right. Thus, Ciyou & Dixon, P.C. advocates, who handle a variety of appeals to the Indiana Court of Appeals (and Indiana Supreme Court, Seventh Circuit, United States Supreme Court), are aware of the legal precepts to bring a compelling civil case, even where the appeal has been forfeited.

Ciyou & Dixon, P.C. advocates handle appeals from all Indiana final orders. We hope you find this information on forfeiture of an appeal, versus lack of jurisdiction, helpful in your understanding of appeals the responsiveness of the Indiana appellate courts. This blog post is written for informational purposes and is not a solicitation for specific legal advice. It is advertising material.


  1. In re:  The matter of D.J., 02S03-1610-JC-548 (Ind.2017)
Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on email
Email

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Related Videos

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Call Now

Copyright © 2021 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.