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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
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  5. What You Need to Know About Missing an Appellate Deadline in A Civil Case: Is It Jurisdictional or Forfeiture of the Appeal?

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

On Behalf of Dixon & Moseley, P.C. | May 16, 2017 | Civil Appeal, Indiana Court of Appeals

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, Dixon & Moseley, 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.

Dixon & Moseley, 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.

  • In re:  The matter of D.J., 02S03-1610-JC-548 (Ind.2017)
  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

    On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

    An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

    How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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    Recent Posts

    • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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