# Indiana Civil Rights Commission v. City of Muncie

> Indiana Court of Appeals · February 8, 1984 · 459 N.E.2d 411

URL: https://www.frixlaw.com/law-library/cases/9523758

## Case

- **Full name:** INDIANA CIVIL RIGHTS COMMISSION, Appellant (Defendant Below), v. CITY OF MUNCIE, Muncie Police Pension Board, Cordell Campbell, Jack E. Turner, Donald R. Scroggins, Larry McCaffrey, Muncie City Police Department and Harold B. Duke, Appellees (Plaintiffs Below)
- **Court:** Indiana Court of Appeals
- **Decided:** February 8, 1984
- **Citations:** 459 N.E.2d 411; 1984 Ind. App. LEXIS 2293
- **Precedential status:** Published
- **Opinion:** Concurrence by Staton
- **Judges:** Hoffman, Garrard, Staton
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9523758

## Opinion text

STATON, Presiding Judge,
concurring.
While I agree with the majority that the trial court had jurisdiction because the transcript was timely filed, I believe that the theory of relation back coupled with the theory of jurisdiction over the particular case better supports this position. As the majority states, the Commission's failure to object allowed the trial court to maintain jurisdiction even though a showing of good cause did not appear on the first two motions requesting time extensions. Therefore, the third motion which contained a proper statement of good cause related back to the proper filing time. Because the relation back theory cures any error which may have occurred and because the trial court did not set a time limit for filing the transcript, it was timely filed approximately two weeks after the trial court had granted the third time extension. See In *420 diana Civil Rights Commission v. Holman (1978), 177 Ind.App. 648 , 380 N.E.2d 1281 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9523758. Public record. Not legal advice.