Indiana State Personnel Bd. v. Diggs
Decision Date | 13 September 1971 |
Docket Number | No. 970S212,970S212 |
Citation | 257 Ind. 156,272 N.E.2d 868 |
Parties | INDIANA STATE PERSONNEL BOARD and Indiana School for the Blind, Appellants, v. Pearl L. DIGGS, Appellee. |
Court | Indiana Supreme Court |
Theodore L. Sendak, Atty. Gen., Walter E. Bravard, Jr., Deputy Atty Gen., for appellants.
John F. Watkins, Albert W. Ewbank, Indianapolis, for appellee.
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:
(Our emphasis.)
As said in the Wilson case (supra):
A review of the transcript in the case before us reveals no motion to correct erors. Accordingly, this attempted appeal is dismissed.
I request that the Court reconsider its position taken in Indiana State Personnel Board, etc. v. Wilson, Ind., 271 N.E.2d 448. Dismissal seems to me to be too severe a step under the circumstances of the Wilson case and this case.
On June 30, 1970, when appellant filed its Notice of Intention to Appeal in the trial court, in lieu of a motion to correct errors, it did so in reliance upon the following provisions of the Administrative Adjudication and Court Review Act, I.C.1971, 4--22--1--19, being Burns § 63--3019:
'No motion for new trial shall be required or permitted prior to taking such appeal to the Supreme Court of Indiana.'
At the...
To continue reading
Request your trial