Cavinder Elevators, Inc. v. Hall

I respectfully dissent. Trial Rule 53.3(A) provides that “[i]n the event a court ... fails to rule on a Motion to Correct Error within thirty (30) days after it was heard ..., the pending Motion to Correct Error shall be deemed denied.” The trial court here failed to rule on plaintiffs motion to correct error until after the 30-day period had expired and so it was deemed denied.

The majority opinion effectively repeals T.R. 53.3(A)’s time limits in those cases where the party filing the motion to correct error timely initiates an appeal and the trial court thereafter belatedly grants the…