Jennings v. Davis

634 N.E.2d 810, 1994 Ind. App. LEXIS 624, 1994 WL 226993

• Court: Indiana Court of Appeals
• Decided: May 31, 1994
• Docket: 35A05-9311-CV-419
• Status: Published

Opinions

BARTEAU, Judge.

Rex Jennings appeals the judgment of the trial court in favor of Pamela Davis on Davis's complaint for partition. We must dismiss the appeal because Jennings did not file his praccipe in a timely manner.

Indiana Appellate Rule 2(A) states: "The praecipe shall be filed within thirty (80) days after entry of a final judgment.... Unless the praecipe is filed within such time period, the right to an appeal will be forfeited." Timely filing of a praecipe is a jurisdictional prerequisite and when the praecipe has not been timely filed we must dismiss the appeal. CNA Ins. Companies v. Vellucci (1992), Ind.App., 596 N.E.2d 926, 928, trans. denied. Here, the trial court entered the final judgment on August 16, 1998. Jennings filed his praccipe on September 16, 1998, thirty-one (81) days after the entry of the final judgment. Thus, the praecipe was not timely filed and the appeal must be dismissed.

DISMISSED.

FRIEDLANDER, J., concurs. RUCKER, J., dissents with opinion.