[Download] "Debra L. Claywell v. Review Board Indiana" by Supreme Court Of Indiana " Book PDF Kindle ePub Free
eBook details
- Title: Debra L. Claywell v. Review Board Indiana
- Author : Supreme Court Of Indiana
- Release Date : January 30, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On Petition to Transfer SHEPARD, Chief Justice. The Fifth District of the Court of Appeals held that appellant Debra Claywell's failure to file a timely assignment of errors
after an adverse decision on her unemployment compensation claim deprived the court of jurisdiction and that therefore the
appeal had to be dismissed. Claywell v. Review Bd. (1994), Ind.App., 635 N.E.2d 181. Claywell asks that we reverse, citing
Hogan v. Review Board (1994), Ind.App., 635 N.E.2d 172, for the proposition that such procedural failings do not necessarily
divest appellate courts of jurisdiction. Id. at 174. In Hogan, the Second District declined to follow the jurisdictional rule
and held instead that appellate courts may exercise their inherent authority to entertain appeals even where a party has failed
to satisfy the prerequisites for appeal. The Fifth District got it right.