Mishael Johnson, Appellant-Respondent v. Jamie Lynn Johnson, Appellee-Petitioner (2025)

MEMORANDUM DECISION

[1] Mishael Johnson and his wife divorced in September 2020. In July 2024, the trial court issued a post-dissolution order addressing several issues, including custody and parenting time. On February 24, 2025, Johnson, acting pro se, moved for that order to be vacated, citing Indiana Trial Rule 60(B)(1), (3), and (6). The same day, the trial court denied the motion without explanation. Almost 50 days later, on April 13, Johnson filed a “Motion for Findings of Fact and Conclusions of Law Regarding Denial of Motion to Vacate.” The trial court denied that motion on April 16. Johnson moved for reconsideration on April 21, which the trial court denied on April 22. Johnson filed a notice of appeal with this Court on May 22 and filed his appellant's brief on May 30, arguing that the trial court erred by denying his motion for findings and conclusions.

[2] We dismiss the appeal as untimely. The trial court denied Johnson's motion for findings and conclusions on April 16. Under Indiana Appellate Rule 9(A)(1), a notice of appeal had to be filed within 30 days, that is, by May 16. Johnson didn't file his notice until May 22. While that was within 30 days of the April 22 denial of his motion to reconsider, a motion to reconsider does not extend the deadline for a notice of appeal. See, e.g., Johnson v. Estate of Brazill, 917 N.E.2d 1235, 1239 (Ind. Ct. App. 2009). By late-filing his notice, Johnson forfeited his right to appeal. See Ind. Appellate Rule 9(A)(5). We have the discretion to reinstate this forfeited right if an appellant shows “extraordinarily compelling reasons” for doing so, In re Adoption of O.R., 16 N.E.3d 965, 971 (Ind. 2014), but Johnson hasn't even attempted to make such a showing. We therefore dismiss his appeal.

[3] Dismissed.

Vaidik, Judge.

Judges Tavitas and Felix concur. Tavitas, J., and Felix, J., concur.