Koehn v. Devereaux

I dissent from the Majority Opinion because this Court lacks jurisdiction. Koehn failed to file his praecipe within thirty days of the trial court's ruling as provided by Appellate Rule 2(A). He filed his praecipe one hundred and thirty-one days after the trial court's ruling. Too, the Majority has promulgated a new appellate rule which is an invasion of the Indiana Supreme Court rule making power under our constitution. Therefore, I dissent and would dismiss the appeal.

After the ruling of the trial court on January 8, 1985 which denied the motions for summary judgment, Koehn waited thirty…