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Dixon & Moseley | Attorneys At Law
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    • Alexander Moseley
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  5. When You Can Appeal A Criminal Conviction or Civil Case…

When You Can Appeal A Criminal Conviction or Civil Case…

On Behalf of Dixon & Moseley, P.C. | Feb 22, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals, Supreme Court

And What Happens If You Miss the Deadline?

In most criminal and civil cases, there are many court orders issued. These are “interlocutory” (temporary) orders to move a case to a final order and are not normally appealed. There are provisions to appeal certain “interlocutory” orders1 as a matter of right (during trial court proceeding) and by the discretion of the trial court (an order trial court must certify the interlocutory order for appeal and the Court of Appeals has to then accept the appeal). This blog addresses and identifies what constitutes a final order and what happens if you “blow” the deadline to appeal a final order.

In felony criminal cases, the conviction by a judge or jury is not normally a final appealable order. This is because the sentencing has not yet occurred, and the sentence itself can be appealed. In fact, the Court of Appeals has a special rule of appellate procedure to allow review of sentences and may reverse a sentence if it finds to be too harsh or lenient, namely “the sentence is inappropriate in light of the nature of the offense and the character of the offender.”2 In fact, the sentencing may be well after the conviction because courts often order presentence investigations to assist them in crafting an appropriate sentence. The take away from this blog commentary is the time to file a Notice of Appeal begins at sentencing.

With civil cases, the final appealable order sometimes may be hard to determine, particularly if there are multiple legal issues and the trial court does not decide them all at the same time in the same order. Normally, this is not a final appealable order because the right to appeal occurs when an order “disposes of all claims as to all parties.” Does the order dispose of all issues as to all parties? If not, an appeal may not be ripe—it’s premature.

Also, certain civil cases routinely issue what appear to be final orders, such as CHINS cases. For instance, with a CHINS filing there is an initial hearing and ultimately what is akin to a trial, which is a fact-finding. However, the determination from the fact-finding is not normally the final order. Instead, it is the disposition where the court determines the next steps in the child’s placement, care, treatment or rehabilitation and the nature and extent of the parent’s, custodian’s, or guardian’s role in fulfilling those steps.3 This is like a sentencing in a criminal case, but there have been conflicting cases with the Appellate rules on when this right begins. A premature or untimely appeal forfeits the right to appeal. For this reason, a person seeking a civil appeal must exercise great care in determining when to timely file the Notice of Appeal.

This may leave you asking the question, “What happens if I miss the appellate deadline?” The answer is—it depends. It is important to know that “blowing” a deadline does not deprive the Indiana Appellate Courts of jurisdiction, but rather, forfeits the party’s right to appeal. The Appellate Courts still have jurisdiction to entertain a premature or belated appeal.

With criminal cases, there is a mechanism to request a trial court to approve a belated appeal. The reason is that a criminal felony conviction strips a party of core civil liberties and may result in the deprivation of freedom through incarceration. In addition to belated appeals, there may be other ways to challenge a criminal conviction at a later time.

Civil cases are a different story; generally, missing the appellate deadline forfeits the case. The Indiana Appellate Courts may deviate from their rules in civil cases as well4 and take jurisdiction of such a civil, but rarely do so to take a premature or late filing for an appeal. This sometimes occurs when fundamental rights are at issue, such as a parent’s right to raise his or her child.5 Thus, it is critical to properly determine a final order and timely file a Notice of Appeal. There is little to no relief otherwise in the civil realm.

Dixon & Moseley, P.C. advocates handle civil and criminal appeals from all Indiana trial courts. We hope this blog helps you understand your appellate rights. This blog is written for general informational purposes. It is not intended as legal advice, nor is it a solicitation for services. It is an advertisement.

  • Indiana Rule of Appellate Procedure 14.
  • Indiana Rule of Appellate Procedure 7.
  • Matter of D.J. and G.J., 68 N.E.3d 574 (Ind.2017).
  • Indiana Rule of Appellate Procedure 1.
  • Adoption of O.R., 16 N.E.3d 965 (Ind.2014).
  • 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,...

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    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...

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    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…

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    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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