John Corey Morgan, Appellant-Plaintiff v. Erie Shaffer, Appellee-Defendant (2024)

MEMORANDUM DECISION

Kenworthy, Judge.

[1] John Corey Morgan sued Erie Shaffer in small claims court for damages caused when Shaffer was in a single-car accident while driving Morgan's truck. Morgan appeals the trial court's judgment against him. We sua sponte address the dispositive issue of whether Morgan has forfeited his right to appeal and dismiss.

[2] The trial court issued its judgment on May 2, 2023, and it was entered on the Chronological Case Summary on May 3. The deadline for initiating an appeal was Friday, June 2. See Ind. Appellate Rule 9(A) (“A party initiates an appeal by filing a Notice of Appeal with the Clerk ․ within thirty (30) days after the entry of a Final Judgment is noted in the [CCS].”). Morgan filed his Notice of Appeal on June 7.¹

[3] Appellate Rule 9(A)(5) states: “Unless the Notice of Appeal is timely filed, the right to appeal shall be forfeited” except in circumstances not applicable here. An untimely notice of appeal does not deprive us of jurisdiction, however, and we may disregard the forfeiture and resolve the case on the merits “when justice requires.” In re D.J., 68 N.E.3d 574, 579 (Ind. 2017).

[4] When the right to appeal has been forfeited, “the question is whether there are extraordinarily compelling reasons why this forfeited right should be restored.” In re O.R., 16 N.E.3d 965, 971 (Ind. 2014). Considerations for reviving a forfeited appeal include whether the party worked diligently to pursue the appeal, the nature of the rights at stake, and whether there is a “unique confluence” of factors supporting a decision on the merits. Id. at 972. Reviewing courts have most often deviated from the appellate rules in cases involving “weighty parental interest[s]” or constitutional rights. See D.J., 68 N.E.3d at 579–80; see also Cannon v. Caldwell, 74 N.E.3d 255, 259 (Ind. Ct. App. 2017) (reinstating forfeited appeal because appealed order was an “obvious injustice”).

[5] Upon review of this small claims case seeking money damages, it is clear this is not the type of case that warrants deviation from the appellate rules, and we elect to dismiss Morgan's untimely appeal. See D.J., 68 N.E.3d at 579 (noting “it is never error for an appellate court to dismiss an untimely appeal”).

[6] Dismissed.

FOOTNOTES

1.   Morgan's Notice of Appeal does not comply in almost any respect with Appellate Rule 9(F), which prescribes the content of a Notice of Appeal. Although the notice includes a certificate of service stating counsel served a copy of the notice on Shaffer and Shaffer's counsel on June 1, it does not include a statement certifying the date on which the Notice of Appeal was filed with the Clerk of this Court as required. See App. R. 9(F)(10) (stating the certificate of filing and service “shall also certify the date on which the Notice of Appeal was filed with the Clerk”); see also App. R. 24(D)(1)(e) and Form # App. R. 9-1. The notice was electronically filed with the Clerk on June 7.

Memorandum Decision by Judge Kenworthy

Judges May and Vaidik concur. May, J., and Vaidik, J., concur.