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How Quickly Must an Appeal Be Filed and What Happens If It’s Not? Cooper’s Hawk, LLC v. Ray (Case Study)

Timeliness of Appeals

This case was a recent Indiana Supreme Court case involving a slip-and-fall in a Cooper’s Hawk Restaurant. The case involved an appeal to the Indiana Appellate Court after Cooper’s Hawk filed a summary judgement claim that was denied by the trial court.

Ray was injured when she slipped and fell in a Cooper’s Hawk Winery, and she sued the Winery for negligence. Cooper’s Hawk filed a summary judgement claim, which means that they thought there was no question of fact or law for a jury to decide, and so they asked the judge to rule in their favor before there was even a trial.

The trial judge denied the summary judgement motion, and on February 12, 2020, the Indiana Court of Appeals stated that they would hear the case on appeal. When the Appellate Court says they will take a case, an appeal must still be filed by either party, and it must be timely. According to Indiana Law, an appeal is filed in a timely manner if it is filed within 15 days.

The motion to appeal was due then, on February 27, 2020. However, Cooper’s Hawk did not file an appeal until March 3, 2020. However, in Indiana just because an appeal is not filed in a timely manner does not mean that the appeal cannot be heard. According to Indiana Case law, an appeal that is not filed in a timely manner can still be heard if there are “extremely compelling reasons as to why the forfeited appeal should be heard.” O.R., 16 N.E.3d at 97.

In this case, Cooper’s Hawk argued that the appeal should still be heard, because, according to their brief submitted to the court, the case involved a substantial legal issue that, if resolved, would help dispose of the case. However, the court ruled in this case that Cooper’s Hawk was just restating part of an Indiana trial rule in terms of when an appeal can be heard when it is untimely.

Why Does This Matter?

Timeliness is an important part of any case. When dealing with both state and federal cases, there are deadlines that must be met and followed. If these deadlines are not met, the court can impose sanctions against a party, or they can dismiss a case entirely.

For every case, it is so important for attorneys to file things on time. Whether that be a brief or motion before the initial trial, or a motion to appeal the verdict, whether that be a summary judgement or a full trial verdict.

If your case goes to appeal, it is very important to the attorneys at Hurst Limontes that everything gets filed on time. From the initial motion to appeal the case, to any motions or briefs that need to be filed before the appeal is heard, we will always work for you to ensure that everything is done properly so that your case can be heard, from start to finish.

Have You Suffered Personal Injury due to Someone Else’s Negligence?

If you have suffered an injury because of a car accident, a slip-and-fall, or just the general negligence of someone else, contact the attorneys at Hurst Limontes, LLC. We fight every day for our clients and will always ensure the best work is being done on your case, from start to finish. Our attorneys have combined decades of experience in various fields of Personal Injury law and will fight for you. Contact us today for a free consultation!

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    Our Fees

    It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

    If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

    If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

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