STATEMENT OF THE CASE
Todd and Matenia Walters (collectively “the Walterses”) appeal the trial court’s judgment on a jury verdict in favor of Aaron Austin and his employer, Herman & Goetz, Inc., (collectively “Defendants”) on the Walterses’ complaint for damages arising from a multi-vehicle accident. The Walterses present several issues for review. However, because we determine that we do not have jurisdiction, we do not reach the merits of this appeal.
Indiana Trial Rule 53.4 provides in relevant part that repetitive motions “shall not delay the trial or any proceedings in the case, or extend the time for any further required or permitted action, motion, or proceedings under these rules.” We find that rule applicable here. The Walterses’ amended motion to correct error was nearly identical to the original motion to correct error, amending only non-substantive, typographical and grammatical errors in the original motion. Further, the amended motion was to “relate back” to the original motion. In effect, the amended motion was merged with the original motion, and the denial date of the original motion was May 23. We conclude that the amended motion to correct error was a repetitive motion and, therefore, the filing of the amended motion did not change the date for filing the notice of appeal. See Peters v. Perry, 873 N.E.2d 676, 678-79 (Ind. Ct. App. 2007), modified on other grounds on reh’g, 877 N.E.2d 498 (Ind. Ct. App. 2007) (treating subsequent motion to correct error as motion to reconsider, which did not alter time for filing appeal). The Walterses’ notice of appeal was filed thirty-one days after the trial court denied the first motion to correct error. Because the notice of appeal was not timely filed, we do not have jurisdiction to consider the merits of this appeal and must dismiss this appeal.
RILEY, J., concurs.
DARDEN, J., dissents with separate opinion.
Darden, J., dissenting
I respectfully dissent. I do not agree with the majority’s holding that the Walterses’ amended motion to correct error was a repetitive motion for the purposes of Indiana Trial 53.4, which was designed to prevent delay through the filing of repetitive motions. See Stephens v. Irvin, 734 N.E.2d 1133, 1134 (Ind. Ct. App. 2000), trans. denied.