FOR PUBLICATION
ATTORNEY FOR APPELLANT: ATTORNEY FOR APPELLEE:
LEE C. CHRISTIE HARVEY E. McDONALD
Indianapolis, Indiana Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
MARTHA SUSAN WAAS, )
)
Appellant-Plaintiff, )
)
vs. ) No.49A02-9906-CV-411
)
ILLINOIS FARMERS INSURANCE COMPANY, )
)
Appellee-Defendant. )
APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Gerald Zore, Judge
Cause No.49D07-9612-CT-001722
January 21, 2000
OPINION - FOR PUBLICATION
HOFFMAN, Senior Judge
Plaintiff-Appellant Martha Susan Waas (Waas) appeals the trial courts judgment in favor of
Defendant-Appellee Illinois Farmers Insurance Company (Illinois Farmers). We dismiss.
The following issue is dispositive: whether Waass failure to timely file her
motion to correct error should result in dismissal of this appeal.
In January, 1995, Waas was involved in a motor vehicle collision with Patrick
Minderhout (Minderhout), who was driving a truck owned by Burlington Motor Carriers, Inc.
(Burlington). Waas filed a complaint for damages naming Minderhout and Burlington as
parties. Waas subsequently discovered that Minderhout was uninsured and that the self-insured
Burlington had filed for bankruptcy after the collision.
Waas filed a motion for declaratory judgment asking the trial court to rule
that the uninsured/underinsured motorist provision of her insurance policy with Illinois Farmers applied
to provide compensation for her injuries. The trial court entered judgment in
favor of Illinois Farmers on January 13, 1999. After requesting and securing
an expansion of time to question the courts judgment, Waas filed a Motion
to Reconsider on March 10, 1999. Waass motion was denied by the
trial court on May 19, 1999, and Waas now attempts to appeal the
trial courts judgment.
Initially we note that after it has handed down a final judgment in
a particular case, a trial court lacks jurisdiction to rule on a motion
to reconsider. Hubbard v. Hubbard, 690 N.E.2d 1219, 1221 (Ind. Ct. App.
1998). After final judgment has been entered, the issuing court retains only
such continuing jurisdiction as is permitted by the judgment itself, or as is
given the court by statute or rule. Id. (citing Ind.Trial Rule 53.4).
The proper vehicle for reconsideration of a final judgment is a motion
to correct error, which may be made on either a partys or the
courts motion. Id. 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. Id.
A motion to correct error must be filed no later than thirty days
after the entry of judgment. Ind.Trial Rule 59(C). Here, the judgment
was entered on January 13, 1999 and Waass motion to correct error should
have been filed well before March 10, 1999. Furthermore, Waass motion for
enlargement of time was ineffective to extend the time for filing her motion
to correct error.
See Goodman v. State, 581 N.E.2d 1259, 1260 (Ind.
Ct. App. 1991) (applying the civil trial rules to a criminal case); White
v. Livengood, 181 Ind.App. 56, 390 N.E.2d 696, 698 (Ind. Ct. App. 1979).
Ind.Trial Rule 6(B) states that the court may not extend the time
for taking any action . . .to correct errors under Rule
59(C) [and other rules] . . . except to the extent and
under the provisions stated in those rules. T.R. 59(C) does not provide
for an extension of time to file a motion to correct error.
The trial court did not have the authority to grant Waas an extension
of time to file her motion to correct error.
See Goodman, id.;
White, id. Accordingly Waass filing of her motion to correct error, filed
over fifty days after entry of judgment, was not timely. We are
therefore constrained to dismiss this appeal. Id.
Appeal dismissed.
KIRSCH, J., and NAJAM, J., concur.