Greer v. State

With respect to Issue I, I agree that the State has waived the issue of a belated prac-cipe. I note, however, that the conclusion that failure to file a timely praecipe is a "waivable" defect implies that such failure does not render the appeal defective for lack of subject matter jurisdiction, since lack of subject matter jurisdiction is an issue which can be raised at any time, including for the first time on appeal. See In re Adoption of H.S. (1985) Ind.App., 483 N.E.2d 777, 780. Further, if such failure to file a timely prac-cipe resulted in our not obtaining subject matter jurisdiction,…