Opinion
No. 18A04–1308–DR–439.
2014-03-21
David A. SHANE, Appellant–Petitioner, v. Sheila SHANE, Appellee–Respondent.
Perhaps even more compelling, as recently as 2011, our Supreme Court cited K.S. in a footnote citation for the definition of subject matter jurisdiction: “Subject matter is the power of a court to hear and decide a particular class of cases to which a particular class belongs.” State ex rel. Zoeller v. Aisin USA Mfg ., Inc., 946 N.E.2d 1148, 1152 n. 7 (Ind.2011) (citing K.S., 849 N.E.2d at 540, 542). This basic definition does not seem to correspond to appeals for which the notice of appeal was not timely filed. Moreover, given the potential for draconian outcomes if belated appeals are dismissed, regardless of the reason, we might hope that our Supreme Court will clarify this issue. For all these reasons, I dissent from the majority's dismissal of the appeal.