John E. Middlekamp Et Ux v. State Exchange

This cause is before the Court on the Appellees' Motion to Dismiss Appeal or Affirm Judgment of the Court Below, Brief in Support thereof, Appellants' Objections to Appellees' Motion, Appellants' Motion for Certiorari, and Appellees' Response to Motion for Certiorari. The Appellees' Motion to Dismiss or Affirm alleges as cause therefor that no motion to correct errors was ever filed in the trial court, and that the praecipe was filed seventy-four (74) days after judgment. Appellants assert in response to the Motion to Dismiss that the Appellees' Motion for Dismissal is estopped by reason of certain agreements in the trial court between counsel and the Judge. Appellants do not further enlighten us, either as to the nature of the agreements, or as to how any such agreements could operate to circumvent rules TR. 59(G) and AP. 7.2(A)(1)(a).