APPEAL FROM THE JAY SUPERIOR COURT. The Honorable Max C. Ludy, Judge. Cause No. 38D01-1209-FC-2.
FOR APPELLANT: DALE W. ARNETT, Winchester, Indiana.
FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana.
PYLE, Judge. NAJAM, J., and BAILEY, J., concur.
STATEMENT OF THE CASE
This case is a reminder that we will not allow a defendant to have two bites at the proverbial appellate apple, especially when it happens with the assistance of a trial court that should have dismissed the underlying motion for lack of jurisdiction.
Arthur Dale Miller (" Miller" ) previously initiated
an appeal of the trial court's denial of his motion to hold the Jay County
Sheriff in contempt for failing to transport
him to the Department of Correction within five days of his
sentencing. Our Court dismissed his appeal based on his failure to properly
serve the proper party with his notice of appeal. Miller then sought to set
aside the order denying his contempt motion and to have the trial court re-enter
a judgment on his contempt motion so that he could re-appeal the trial court's
order. The trial court granted Miller's request, and Miller now attempts to
re-appeal the denial of his contempt motion.
Because we find that the trial court did not have jurisdiction to rule on Miller's contempt motion based on Miller's lack of standing and because Miller's challenge was nevertheless rendered moot when he was transferred to the Department of Correction, we dismiss this appeal.