Sacks v. WINKLER

Denial of Petition for Rehearing

Bierly, J.

Appellant has filed what he entitles a “Motion to Reinstate Appeal.” Such a motion is proper only when the appeal has been dismissed for want of prosecution by this court in accordance with Burns’ Anno. Stat. § 2-3230 (1964 Replacement). However, the substance rather than the title governs its true nature, and its substance is that of a petition for rehearing, and we shall treat it as such. See: Fort Wayne Mercantile, etc. Assn. v. Scott (1919), 71 Ind. App. 266, 123 N. E. 718, motion to reinstate denied, 71 Ind. App. 266, 124 N. E. 710.

The above…