Johnson v. Taylor Building Corp.

Dissenting Opinion.

Hoffman, J.1

I dissent from the majority opinion. The majority holds that merely because the clerk did not perform his ministerial duties, placing a file stamp on the transcript and not copying the judge’s order in the order book, that the parties are deprived of their right to appeal.

The record filed in the office of the Clerk of the Court of Appeals of Indiana contains the following order signed by the trial judge:

“STATE OF INDIANA

SS:

COUNTY OF PUTNAM

“BE IT REMEMBERED, that on the 16th day of March, 1976, the Defendant, James Robert Johnson in the case of Taylor Building…