Williamson v. Cazier & H. & H. Distributing Co.

Dissenting Opinion

Sullivan, J.

The majority opinion correctly, I believe, construes Indiana Supreme Court Rule 2-15A to exclude transcripts and assignments of error. The opinion then concludes that a transcript and assignment of errors deposited in the U.S. mail upon the final day of a time period extension as duly granted by this Court, but not received by the Clerk until someday thereafter is not timely filed. I would agree with that conclusion also if such set of facts were before us.

The simple and unassailable fact is that the Court here attempts to answer questions not presented and…