Legal Opinion

Jennings v. Davis

Indiana Court of Appeals

Decided May 31, 1994No. 35A05-9311-CV-419PublishedCited by 9 opinions

1Opinion of the Court

BARTEAU, Judge.

Rex Jennings appeals the judgment of the trial court in favor of Pamela Davis on Davis's complaint for partition. We must dismiss the appeal because Jennings did not file his praccipe in a timely manner.

Indiana Appellate Rule 2(A) states: "The praecipe shall be filed within thirty (80) days after entry of a final judgment.... Unless the praecipe is filed within such time period, the right to an appeal will be forfeited." Timely filing of a praecipe is a jurisdictional prerequisite and when the praecipe has not been timely filed we must dismiss the appeal. CNA Ins. Companies v.…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. CNA Insurance Companies (CNA) v. VellucciIndiana Court of Appeals · 1992

3Cited by9 opinions

  1. Moran v. CookIndiana Court of Appeals · 1994
  2. Roscoe v. RoscoeIndiana Court of Appeals · 1996
  3. Jennings v. DavisIndiana Court of Appeals · 1995
  4. Vaughn v. SchnitzIndiana Court of Appeals · 1996
  5. Greer v. StateIndiana Court of Appeals · 1996

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