Andrew Hunter v. State of Indiana, Department of Transportation

CRONE, Judge.

Case Summary

Andrew Hunter was terminated from Ms employment with the Indiana Department of Transportation (“INDOT”). His administrative appeals were unsuccessful, and he filed a petition for judicial review. INDOT filed a motion to dismiss the petition as untimely, which the trial court granted.

On appeal, Hunter contends that the trial court erred in granting INDOT’s motion to dismiss, claiming that the petition was timely filed. In the alternative, he argues that the untimely filing of a petition is a procedural error, not a jurisdictional error; that INDOT failed to preserve…