Cavinder Elevators, Inc. v. Hall

ON PETITION TO TRANSFER

DICKSON, Justice

Indiana Trial Rule 53.3(A) declares that a motion to correct error shall be deemed denied if the trial court fails to rule within certain time limits. On rare occasion, however, a trial court may initially fail to rule timely on a motion to correct error but later, after the moving party timely files a praecipe to initiate an appeal from the deemed denial, the court may belatedly grant the motion. We grant transfer to address and clarify resulting appellate procedural issues.

In this personal injury case, after the trial court granted the motion for…