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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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The Attorneys at Dixon & Moseley, P.C.

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  5. Three Common Mistakes That Waive or Limit the Right to Appeal A Trial Court’s Decision

Three Common Mistakes That Waive or Limit the Right to Appeal A Trial Court’s Decision

On Behalf of Dixon & Moseley, P.C. | May 31, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals, Supreme Court

Over time, we have reviewed many cases for appeal where the party has been dissatisfied with the trial court’s decision and wishes to appeal. In almost all cases, to preserve the right to bring an appeal, it is begun or perfected by filing a Motion to Correct Errors or Notice of Appeal. If properly handled, these allow for an appeal to proceed. However, there are three rather common situations we observe where a party wishes to appeal but cannot because of where the case stands when we review it for appeal. These three mistakes are the focus of this blog. Avoid these if you wish to exercise your right to appeal to the Indiana Court of Appeals and/or the Indiana Supreme Court.

The first, and perhaps most common mistake, normally occurs just after an order is issued and a party or litigant believes the laws or facts were misapplied. In such cases, they file a Motion to Reconsider the trial court’s ruling, setting forth the alleged mistakes. However, while in rare situations these may be treated as Motions to Correct Error because of their substance, most of the time they are not. The trial court has no general duty to rule on these motions, and while the motion pends, the clock is running to timely file an appeal. So, at best, this approach to correcting an alleged error of the trial court is risky, and unless granted by the grace of the trial court, likely results in the time passing to bring an appeal. This means there is no ability to challenge the appeal.

The second situation occurs where a party does not believe the trial court properly considered the evidence and files a request to change the order under Trial Rule 60(B). This rule is normally one applied after the time runs to bring an appeal, but sometimes is brought where the party believes the trial court made a mistake with the evidence before it. However, this is not the proper application of this rule, which is generally limited to newly discovered evidence that is not already before the trial court or some type of fraud in the case or excusable neglect in not litigating the case correctly in the first place. The key is this rule anticipates new evidence and a hearing to receive it. This rule is not a substitute for a Motion to Correct Errors because a party believes a trial court did not properly rule and will cause the time to pass to bring a timely appeal.

The last situation is where a case (divorce or other civil litigation) does not decide all the issues. For the most part, if a court decides less than all the issues, such as custody in a divorce case, but not property division. The order is not a final appealable order. In divorce and other civil litigation, it is sometimes very difficult to determine if there are remaining issues that do not make for a final order, such as where a court decides a case, but allows a party to submit a certain piece of evidence afterward, such as an attorney fee affidavit, and rules on this evidence. In theory, there could be competing dates that make for a final order to start the thirty (30) day time ticking to take the steps to perfect an appeal, such as filing a Notice of Appeal or Motion to Correct Errors. If the order is not final as to all issues, it may be dismissed on appeal. Contrariwise, if an order is final but a party does not recognize and timely act, the appeal is forfeited.

Appeals are technical and involve very specific rules because of the number of judicial resources assigned to each appeal (3 judges instead of one). Thus, properly handling a case when the trial is over is key to preserving the right to take an appeal. A mistake, such as those common ones just noted, will waive your right to appeal. While belated (late) appeals may sometimes be allowed in criminal cases, missing the thirty (30) day deadline in a civil appeal forfeits the right to appeal and generally means the civil judgment cannot be challenged.

Dixon & Moseley, P.C. advocates handle appeals from all Indiana trial court to the Indiana Court of Appeals and/or Indiana Supreme Court. We hope this blog assist you in understanding how well-meaning litigants may miss their chance to appeal. The more you understand about the legal system, the better informed you will be as a litigant and the more helpful you will be to your trial or appellate counsel. This blog post is provided for general educational purposes and is not a solicitation for services or legal advice. It is an advertisement.

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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