State v. Kushner

— This cause is pending before the Court on the appellees’ motion to dismiss which alleges that the cause must be dismissed because the trial court’s decision of March 19, 1978, sustaining the appellees’ motion to correct errors, and granting a new trial subject to additure became the final judgment to which a motion to correct errors should have been filed by the State. However, no motion to correct errors was filed directed to this final judgment.

The record reveals that this was an action by the State of Indiana to condemn a strip of land owned by the appellees Kushner and Morris, and…