Wyss v. Wyss

Summary

The Indiana Court of Appeals considered whether an appeal should be dismissed because the appellants failed to file a motion to correct errors after the trial court issued new findings and judgment while ruling on an earlier motion. The court held that the ruling constituted a new final judgment requiring a subsequent motion to correct errors, and it therefore sustained the appellees’ motion to dismiss the appeal.

Holdings

1. When a trial court's ruling on a motion to correct errors adds or alters findings, conclusions, or other portions of the judgment, the ruling constitutes a new final judgment, and the party seeking review must file a motion to correct errors directed to that new judgment.

Questions Presented

1. Whether the appeal had to be dismissed because the trial court's ruling on the first motion to correct errors amended the original judgment by adding new findings and reasons, and appellants failed to file a second motion to correct errors directed to that new judgment.
2. Whether the trial court's amended findings and judgment constituted a new final judgment for purposes of Indiana appellate procedure.

Disposition

dismissed