Waas v. Illinois Farmers Insurance

11 Citing cases

  1. Ananthaneni v. Access Therapies, Inc.

    969 N.E.2d 138 (Ind. App. 2012)

    The appropriate vehicle for reconsideration of a final judgment is a motion to correct error. Waas v. Illinois Farmers Ins. Co., 722 N.E.2d 861, 862–63 (Ind.Ct.App.2000). That course of action comports with guidance provided by the Indiana Supreme Court:

  2. Abney v. Walter

    No. 22A-CT-2135 (Ind. App. Jan. 17, 2023)

    Though styled as a motion to reconsider, Abney's motion was in fact a motion to correct error because it was filed after the trial court dismissed the case. See, e.g., Waas v. Ill. Farmers Ins. Co., 722 N.E.2d 861, 863 (Ind.Ct.App. 2000) ('"[A]lthough substantially the same as a motion to reconsider, a motion requesting the court to revisit its final judgment must be considered a motion to correct error."' (quoting Hubbard v. Hubbard, 690 N.E.2d 1219, 1221 (Ind.Ct.App. 1998))), reh'g denied.

  3. Milbank Ins. Co. v. Ind. Ins. Co.

    56 N.E.3d 1222 (Ind. App. 2016)   Cited 10 times
    Denying motion to dismiss appeal because of longstanding preference for deciding cases on their merits, motions panel's denial of motion to dismiss, and the parties full briefing of the issues

    After a final judgment is rendered in a particular case, however, the trial court retains only “such continuing jurisdiction as is permitted by the judgment itself, or as is given the court by statute or rule.” Waas v. Ill. Farmers Ins. Co., 722 N.E.2d 861, 862 (Ind.Ct.App.2000) (quotation omitted). Since Milbank did not file a timely motion to correct error following the entry of final judgment on August 28, 2015, and did not allege any grounds for relief from judgment, the trial court had no continuing jurisdiction over this case and its order on the motion to clarify had no effect, including restarting the clock for filing an appeal.

  4. Ball v. Jones

    52 N.E.3d 813 (Ind. App. 2016)   Cited 17 times
    Holding that an officer that allegedly falsified a probable cause affidavit was acting within the scope of his employment and was therefore cloaked with immunity

    [11] Initially we note that after a final judgment is handed down in a particular case, a trial court retains only “such continuing jurisdiction as is permitted by the judgment itself, or as is given the court by statute or rule.” Waas v. Illinois Farmers Ins. Co., 722 N.E.2d 861, 862 (Ind.Ct.App.2000) (citing Hubbard v, Hubbard, 690 N.E.2d 1219, 1221 (Ind.Ct.App.1998) ), reh'g denied. To this end, a motion to correct error “shall be filed no later than thirty (30) days after the entry of a final judgment is noted in the Chronological Case Summary [CCS].” Ind. Trial Rule 59(C).

  5. Gorham v. Downing

    35 N.E.3d 316 (Ind. App. 2015)

    Unlike the permissive language of Trial Rule 12(E), Trial Rule 59 is clear that a motion to correct error “shall be filed not later than thirty (30) days after the entry of a final judgment.” T.R. 59(C). Indeed, the fixed nature of this timeframe is such that the trial court may not upon motion enlarge the time to file a motion to correct error under Rule 59. Waas v. Ill. Farmers Ins. Co., 722 N.E.2d 861, 863 (Ind.Ct.App.2000). We accordingly find no basis from which the trial court need have—nor, indeed, could have within its discretion—deemed as timely filed Husband's motion to correct error.

  6. Turner v. Pence

    29 N.E.3d 176 (Ind. App. 2015)

    A motion requesting that the trial court revisit its decision after the entry of a final appealable order must be treated as a motion to correct error. Waas v. Ill. Farmers Ins. Co., 722 N.E.2d 861, 863 (Ind.Ct.App.2000) (citing Hubbard v. Hubbard, 690 N.E.2d 1219, 1221 (Ind.Ct.App.1998) ). A trial court has wide discretion to correct errors, and we will reverse only for an abuse of that discretion. Williamson v. Williamson, 825 N.E.2d 33, 44 (Ind.Ct.App.2005).

  7. Citizens Fin. Bank v. Cooper

    985 N.E.2d 82 (Ind. App. 2013)

    “The proper vehicle for reconsideration of a final judgment is a motion to correct error, which may be made on either a party's or the court's motion.” Waas v. Illinois Farmers Ins. Co., 722 N.E.2d 861, 862–63 (Ind.Ct.App.2000). Accordingly, “although substantially the same as a motion to reconsider, a motion requesting the court to revisit its final judgment must be considered a motion to correct error.”

  8. R.L. Turner Corp.. v. Town of Brownsburg

    949 N.E.2d 372 (Ind. App. 2011)

    Wabash Grain, Inc. v. Bank One, Crawfordsville, NA, 713 N.E.2d 323, 325 (Ind.Ct.App.1999). As a practical matter, once a trial court has issued a final judgment, a party seeking reconsideration or modification of that judgment by the trial court is constrained to file a motion to correct error pursuant to Indiana Trial Rule 59. Waas v. Illinois Farmers Ins. Co., 722 N.E.2d 861, 862 (Ind.Ct.App.2000). A motion to correct error shall be filed not later than thirty days after the entry of final judgment or an appealable final order.

  9. R.L. Turner Corp. v. Town of Brownsburg

    949 N.E.2d 372 (Ind. Ct. App. 2011)   Cited 2 times

    Wabash Grain, Inc. v. Bank One, Crawfordsville, NA, 713 N.E.2d 323, 325 (Ind.Ct.App. 1999). As a practical matter, once a trial court has issued a final judgment, a party seeking reconsideration or modification of that judgment by the trial court is constrained to file a motion to correct error pursuant to Indiana Trial Rule 59. Waas v. Illinois Farmers Ins. Co., 722 N.E.2d 861, 862 (Ind.Ct.App. 2000). A motion to correct error shall be filed not later than thirty days after the entry of final judgment or an appealable final order.

  10. Citizens Indus. V. Heartland Gas Pipeline

    856 N.E.2d 734 (Ind. Ct. App. 2006)   Cited 16 times
    Explaining that "a party can only file a motion to reconsider with the court if the action remains in fieri " and "[i]f the trial court has issued a final judgment, the party must file a motion to correct error rather than a motion to reconsider"

    Wisconics Engineering, Inc. v. Fisher, 466 N.E.2d 745, 752 (Ind.Ct.App. 1984), trans, denied. If the trial court has issued a final judgment, the party must file a motion to correct errors rather than a motion to reconsider. Waas v. III. Farmers Ins. Co., 722 N.E.2d 861, 862 (Ind.Ct.App. 2000). However, the Indiana Administrative Code provides that "[f]ollowing a final order, any party to a proceeding may file with the commission and serve upon all parties of record a petition for rehearing and reconsideration within twenty (20) days of the entry of the final order, unless an applicable statute shall specifically fix a longer period."