Gillian v. Brozovic

This case is pending before us on the appellees’ Motion To Dismiss Or Affirm which alleges the appellant’s motion to correct errors was not timely filed.

The record reveals that judgment was entered on December 6, 1974, and that the motion to correct errors was filed on February 6, 1975. Rule TR. 59(C) requires that the motion to correct errors shall be filed not later than 60 days after the entry of judgment. In this case, the 60th day after judgment fell on Tuesday, February 4,1975.

The appellant makes the sophistic argument that the motion to correct errors was timely served on the opposing…