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Dixon & Moseley | Attorneys At Law
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  5. When Can I Appeal an Order of The Court?

When Can I Appeal an Order of The Court?

On Behalf of Dixon & Moseley, P.C. | Jul 17, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals, Supreme Court

Every year, Indiana trial courts issue hundreds of thousands of orders or render decisions in criminal bench trials or have verdicts in criminal or the small percentage of civil jury trials. Most all order are interlocutory in nature and normally not appealable orders.1 However, with final orders—an order that decides all issues—or jury verdicts there is the right to appeal in the first case in most situations to the Indiana Court of Appeals. This blog explores four orders that constitute final appealable orders in civil cases that are not interlocutory orders or decisions rendered by a jury.

The first order, which is uncommon, but nevertheless an order for judgment on the pleadings.2 Nevertheless, judgment on the pleadings causes the case to be dismissed and is a final appealable order. Judgment on the pleadings means that based on the plaintiff’s complaint and defendant’s answer, taking everything the defendant pleads as being true, there is no legal action against the defendant he or she or it is liable for to plaintiff as a matter of law in Indiana. While rare, because Indiana trial courts prefer to give litigants their day in court, cases do get dismissed via an order for judgment on the pleadings.

Because judgment on the pleadings disposes or ends the litigation, this is a final appealable order subject to a Motion to Correct Error and/or Notice of Appeal and appeal to a higher court. What is key is making sure an appeal is timely filed or you forfeit your right to appeal. Unlike belated (late) appeals in criminal cases, an untimely civil appeal is rarely considered by the Indiana Court of Appeals, although it has the inherent authority to accept and decide a forfeited appeal because it is not jurisdictional.

Secondly, perhaps the most common appeal outside a final order addressing and deciding all issues is an appeal from a grant in whole, or in part, of a summary judgment. The summary judgment says that with discovery (potential evidence gathered after the filing of suit) and on all of the facts presented to the court. Often times, summary judgment may not dispose of the entire case, but certain issues or “counts” of a complaint. Summary judgment in whole (dismissing the case), or in part, is frequently reversed on appeal if any of the facts or inferences evidence there is a material legal fact to account on the furtherance of the case for liability. Again, the preference is to give litigants their day in court, but summarily dispose of claims that have absolutely no merit.

The third type of appeal of a final order is where a case is dismissed along the way for any other reason. There are numerous reasons a trial court may dismiss a case other than a judgment on the pleadings or summary judgment. For instance, if a case has been inactive for a long time a party may seek to move to dismiss the case for failure to prosecute or the court on its own motion may issue a call to the docket. This means the court wants the case to proceed or be dismissed as delayed justice is sometimes thought of as denied justice. Any dismissal of a case is a final order that may be appealed.

The fourth and final case is where there is a final order that disposes (addresses and decides all the issues). In civil litigation where all of the issues have not been decided or divorce where the issues of divorce, custody, and property division are decided later (bifurcated), normally there is no final appealable order until all issues have been decided. However, each issued decided needs careful analysis to ensure the time for appeal is not running. This is an area of law that causes confusion amongst even the most skilled attorneys. The safe approach is to carefully consider every order if you have any desire to appeal your case to a higher court.

Dixon & Moseley, P.C. advocates handle civil and criminal appeals from all Indiana trial courts to the Indiana Court of Appeals, Indiana Supreme Court, Seventh Circuit Court of Appeals, and United States Supreme Court. This blog is written for general educational purposes only and is not a solicitation for services or specific legal advice. It is an advertisement.

  • There are interlocutory appeals as a matter of right and discretion that are not a part of this blog’s coverage.
  • The rule that governs this is Indiana Rule of Trial Procedure 12.
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    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 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...

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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…

    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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