James H. Higgason, Jr. v. Indiana Department of Correction (mem. dec.)

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), FILED
this Memorandum Decision shall not be Jan 16 2019, 10:15 am
regarded as precedent or cited before any
CLERK
court except for the purpose of establishing Indiana Supreme Court
Court of Appeals
the defense of res judicata, collateral and Tax Court
estoppel, or the law of the case.
APPELLANT PRO SE ATTORNEYS FOR APPELLEE
James H. Higgason, Jr. Curtis T. Hill, Jr.
Pendleton, Indiana Attorney General of Indiana
Aaron T. Craft
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
James H. Higgason, Jr., January 16, 2019
Appellant-Plaintiff, Court of Appeals Case No.
18A-SC-1785
v. Appeal from the Miami Superior
Court
Indiana Department of The Honorable J. David Grund,
Correction, Judge
Appellee-Defendant Trial Court Cause No.
52D01-1605-SC-317
Vaidik, Chief Judge.
[1] In May 2016, James Higgason Jr. filed a pro se small-claims action against the
Indiana Department of Correction seeking $533.47 in damages. The small-
Court of Appeals of Indiana | Memorandum Decision 18A-SC-1785 | January 16, 2019 Page 1 of 3
claims court entered judgment for Higgason in the amount of $8.50.
Appellant’s App. Vol. II p. 16. Higgason then filed a “Notice of Appeal” in the
trial court, not this Court. Id. at 14; see Ind. Appellate Rule 9(A). More than
thirty days after the small-claims court’s judgment, Higgason filed a “Belated
Notice of Appeal” in this Court, arguing that he diligently pursued his appellate
rights because he timely filed a notice of appeal, just in the wrong court, and
that as a pro se litigant he should be held to a lesser standard. We denied
Higgason’s “Belated Notice of Appeal” and dismissed the case with prejudice.
Higgason filed a transfer petition, which our Supreme Court denied.
[2] Undeterred, Higgason returned to the trial court and filed a “Petition for
Permission to File a Belated Notice of Appeal,” which the trial court denied
because “there is no available remedy herein.” Appellant’s App. Vol. II p. 20.
Higgason now appeals the trial court’s denial of his petition.
[3] To the extent Higgason argues that this Court should exercise its discretion and
allow him to file the notice of appeal even though it was late, see In re D.J., 68
N.E.3d 574 (Ind. 2017); In re O.R., 16 N.E.3d 965 (Ind. 2014), he has already
made that argument to this Court and lost. And to the extent Higgason argues
that there is another path to this Court and that the trial court erred by not
allowing him to file a belated notice of appeal, the trial court was correct in
finding that there is no such mechanism in civil cases. That is, although
Indiana Post-Conviction Rule 2(1) allows a defendant “convicted after a trial or
plea of guilty” to petition the trial court for permission to file a belated notice of
appeal, there is no analog for civil cases. We therefore affirm the trial court.
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[4] Affirmed.
Mathias, J., and Crone, J., concur.
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