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Dixon & Moseley | Attorneys At Law
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  5. Four Appellate “Anomalies” That May Start Your “Clock” Running for Taking A Civil Appeal You Must Know to Avoid Forfeiting Your Right to Appeal

Four Appellate “Anomalies” That May Start Your “Clock” Running for Taking A Civil Appeal You Must Know to Avoid Forfeiting Your Right to Appeal

On Behalf of Dixon & Moseley, P.C. | Nov 7, 2018 | Appellate Practice, Civil Appeal, Indiana Court of Appeals

The Rules of Appellate Procedure are intended to be very specific, time-sensitive, and speedy for justice and make the Indiana Court of Appeals one of the most efficient in the Country. The average appeal follows certain precise Appellate Rules that typically do not fluctuate in terms of when you are required to initiate your appeal – thirty (30) days after a “final” order is issued by the trial court. No rules are perfect. This blog covers for unique situations or anomalies that are not always apparent in the final-rule order and impact when you can appeal; you must know and follow to preserve your right to appeal (this is why it is often useful to get appellate counsel as soon as you expect or have what is an adverse final (or in some cases interlocutory) order.

The first situation occurs with some “oral rulings”. Your case is set for trial. Witnesses testify, and exhibits are entered into evidence. At the end of the trial, the Judge issues his/her order verbally from the bench. Typically, an appeal is initiated when that ruling is reduced to a written order and recorded on the court’s chronological case summary. However, in the case of an oral ruling, you may need to consider whether the oral ruling is final, which starts the clock ticking to file a notice of appeal and whether the court indicates a date and time to receive a written final order. If the order merely appears on the CCS, it may be a final order and a Notice of Appeal may have to be filed to protect your right to appeal. This is a matter to immediately discuss with trial counsel, who may well direct you retain appellate counsel. If this is a final order, your time for appeal maybe running.

In other cases, the trial court may bifurcate (divide the issues and hear them in a certain order), or separate, the issues before the court and hold separate hearings on those issues (most litigation has more than one legal issue involved in the lawsuit). A common example is when custody and child related issues are heard at a different time than issues related to marital property in a divorce proceeding. The trial court may hold a hearing on the property and enter a final order on that issue, even if the hearing on custody is not set to be heard until several months later. If the property order (or custody order) entered is not in your favor, your inclination would be to file an appeal on the property or custody order immediately. However, the Court of Appeals may not consider the custody order to be “final” which is required to initiate an appeal. The passage of time to the next hearing date may cause irreparable harm to your case that may not be able to be corrected with an appeal months later. In certain cases, you may be able to get one order designated final for appeal or appeal it as an interlocutory order. Where harm will occur in a bifurcated proceeding, it is wise to consult with appellate counsel.

There are certain complex trials or situations that may cause the trial court to issue separate orders related to the same issue, such as the matter of contempt of a party. There may be multiple orders resulting from the initial request for an order of contempt, including the order finding a party in contempt, and possibly a second order compelling the party to remedy the contempt, either by taking some action (or ceasing to) or through the payment of money. There could also be an order requiring the party in contempt to pay the initiating party’s attorney’s fees. In this instance, if you are the party in contempt and do not agree with the initial ruling, and subsequent rulings—all of which may be final orders—you may need to consider initiating an appeal as soon as the first order is issued. You may even find yourself in the position of filing multiple appeals, with the intention of consolidating them later. These are complicated procedural issues for appeal that appellate counsel can help you sort out to preserve your right to appeal all final orders and do so in an efficient way.

There are several other specific types of legal proceedings where the appellate cases themselves or other rules or guidance may be conflicted on timely initiating an appeal. If you are every considering taking an appeal if you lose some or all a case, you should discuss with trial counsel the proper time to consider consulting with or retaining appellate counsel. So, for example, if you are involved in a CHINS proceeding, the rules for the initiation of an appeal are different than most other cases. If the trial court finds (adjudicates) that your child needs services, like finding you guilty in a criminal case, you may not appeal this order until the trial court has issued its dispositional order. However, the Court of Appeal in the past has exercised its jurisdiction to take and decide appeals initiated at the earlier CHINS fact-finding. Thus, the rules are not always clear from the appellate rules but somewhat unwritten “custom” and/or practice standards. A prudent litigant who faces such an order would be well served consult with appellate counsel to maximize timely bringing an appeal and make the best appeal possible.

The take-away from this blog post is if you believe you have an order that should be appealed, it is advisable for you to retain appellate counsel immediately to ensure that you file the notice of appeal at the appropriate time and do not waive your rights by missing the deadline. Do not miss the deadline or you forfeit your right to appeal. Your trial counsel may be a good place to start the discussion. Dixon & Moseley, P.C. attorneys handle appeals from all final orders (and certain proper interlocutory orders) issued by all Indiana trial courts from all counties. This blog is written for general educational purposes only and is not intended as legal advice or a solicitation for services. 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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