Indiana State Personnel Bd. v. Diggs, No. 970S212

Docket NºNo. 970S212
Citation257 Ind. 156, 272 N.E.2d 868
Case DateSeptember 13, 1971
CourtSupreme Court of Indiana

Page 868

272 N.E.2d 868
257 Ind. 156
INDIANA STATE PERSONNEL BOARD and Indiana School for the
Blind, Appellants,
v.
Pearl L. DIGGS, Appellee.
No. 970S212.
Supreme Court of Indiana.
Sept. 13, 1971.

Theodore L. Sendak, Atty. Gen., Walter E. Bravard, Jr., Deputy Atty Gen., for appellants.

John F. Watkins, Albert W. Ewbank, Indianapolis, for appellee.

[257 Ind. 157] PRENTICE, Judge.

This matter is before us upon the motion of the plaintiff (appellee) entitled 'Motion of Appellee for Court to Take Judicial Notice,' filed July 30, 1971, directing our attention to our dismissal of Indiana State Personnel Board, etc. v. Wilson, Ind., 271 N.E.2d 448.

Plaintiff hereinbefore filed her motion to dismiss or affirm addressed to numerous deficiencies in the transcript and in Defendant's brief. The deficiencies pointed out related to rules designed primarily for the convenience of this Court, and, in lieu of granting said motion, on June 8, 1971 we granted to Appellants leave to withdraw the record of proceedings and to amend.

Thereafter, on July 26, 1971, we entered an order dismissing the appeal in the case of Indiana State Personnel Board, etc. v. Wilson (supra), because of Appellants' failure to file a 'Motion to Correct Errors' as required by Trial Rule 59(G).

TR. 59(G) provides as follows:

'Motion to correct error a condition to appeal. In all cases in which a motion to correct errors is the appropriate procedure preliminary to an appeal, such

Page 869

motion shall separately specify as grounds therefor each error relied upon however and whenever arising up to the time of filing such motion. Issues which could be raised upon a motion to correct errors may be considered upon appeal only when included in the motion to correct errors filed with the trial court. A motion to correct errors shall not be required in the case of appeals from interlocutory orders, orders appointing or refusing to appoint a receiver, and from orders in proceedings supplemental to execution.' (Our emphasis.)

As said in the Wilson case (supra):

'Thus, it is the purpose of the rules, pertaining to both trial and appellate procedure, that the motion to correct errors must be filed in all instances, except for the particular instances provided in TR. 59(G), so that all matters of which a party complains in any proceedings in the trial court must be first brought to the attention of that court [257 Ind. 158] and opportunity given to said court to correct said alleged errors...

To continue reading

Request your trial
7 practice notes
  • Moore v. Spann, Nos. 172A38
    • United States
    • Indiana Court of Appeals of Indiana
    • July 18, 1973
    ...Bradburn v. County Department of Public Welfare, (Ind.App.1971) 266 N.E.2d 805; Indiana State Personnel Board v. Diggs, (Ind.1971) 272 N.E.2d 868; Gray v. State, (Ind.1971) 269 N.E.2d 535; Lashley v. Centerville, (Ind.App.1973) 293 N.E.2d 519; Indiana State Personnel Board v. Wilson, (Ind.1......
  • Davis v. Davis, No. 2--1172--A--115
    • United States
    • Indiana Court of Appeals of Indiana
    • January 31, 1974
    ...Bradburn v. County Dept. of Public Welfare, (1971) 148 Ind.App. 387, 266 N.E.2d 805; Indiana State Personnel Board v. Diggs, (1971) Ind., 272 N.E.2d 868; Gray v. State, (1971) 256 Ind. 447, 569 N.E.2d 535; Lashley v. Centerville, (1973) Ind.Ct.App., 293 N.E.2d 519; Indiana State Personnel B......
  • Moore v. Spann, Nos. 172--A--38
    • United States
    • Indiana Court of Appeals of Indiana
    • October 25, 1973
    ...act. Bradburn v. County Department of Public Welfare, (Ind.App.1971) 266 N.E.2d 805; Indiana State Personnel Board v. Diggs, (Ind.1971) 272 N.E.2d 868; Gray v. State, (Ind.1971) 269 N.E.2d 535; Lashley v. Centerville, (Ind.App.1973) 293 N.E.2d 519; Indiana State Personnel Board v. Wilson, (......
  • Indiana Stream Pollution Control Bd. v. U.S. Steel Corp., No. 871S220
    • United States
    • July 24, 1974
    ...State [262 Ind. 201] Personnel Board v. Wilson (1971) 256 Ind. 674, 271 N.E.2d 448 and Indiana State Personnel Board v. Diggs (1971), 257 Ind. 156, 272 N.E.2d 868. We do not agree, however, that the appellant's failure to file a second praecipe for the record following the filing of and the......
  • Request a trial to view additional results
7 cases
  • Moore v. Spann, Nos. 172A38
    • United States
    • Indiana Court of Appeals of Indiana
    • July 18, 1973
    ...Bradburn v. County Department of Public Welfare, (Ind.App.1971) 266 N.E.2d 805; Indiana State Personnel Board v. Diggs, (Ind.1971) 272 N.E.2d 868; Gray v. State, (Ind.1971) 269 N.E.2d 535; Lashley v. Centerville, (Ind.App.1973) 293 N.E.2d 519; Indiana State Personnel Board v. Wilson, (Ind.1......
  • Davis v. Davis, No. 2--1172--A--115
    • United States
    • Indiana Court of Appeals of Indiana
    • January 31, 1974
    ...Bradburn v. County Dept. of Public Welfare, (1971) 148 Ind.App. 387, 266 N.E.2d 805; Indiana State Personnel Board v. Diggs, (1971) Ind., 272 N.E.2d 868; Gray v. State, (1971) 256 Ind. 447, 569 N.E.2d 535; Lashley v. Centerville, (1973) Ind.Ct.App., 293 N.E.2d 519; Indiana State Personnel B......
  • Moore v. Spann, Nos. 172--A--38
    • United States
    • Indiana Court of Appeals of Indiana
    • October 25, 1973
    ...act. Bradburn v. County Department of Public Welfare, (Ind.App.1971) 266 N.E.2d 805; Indiana State Personnel Board v. Diggs, (Ind.1971) 272 N.E.2d 868; Gray v. State, (Ind.1971) 269 N.E.2d 535; Lashley v. Centerville, (Ind.App.1973) 293 N.E.2d 519; Indiana State Personnel Board v. Wilson, (......
  • Indiana Stream Pollution Control Bd. v. U.S. Steel Corp., No. 871S220
    • United States
    • July 24, 1974
    ...State [262 Ind. 201] Personnel Board v. Wilson (1971) 256 Ind. 674, 271 N.E.2d 448 and Indiana State Personnel Board v. Diggs (1971), 257 Ind. 156, 272 N.E.2d 868. We do not agree, however, that the appellant's failure to file a second praecipe for the record following the filing of and the......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT