After conducting some more research, I believe my best option for my next step is not filing a notice of appeal, but filing a motion to correct error with the trial court. In this motion I will cite 34-57-2-3(d) stating that upon my application for an order on arbitration, any proceedings should have been stayed. It appears this is the best practice to use before appealing, as all appellate cases I've read, the appellant has filed a motion to correct errors prior to appealing. This will also extend my deadline for appeal by another 30 days from when I file. If my motion to correct errors is denied, then I will have another final order that can be included in the appeal.
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I've found an Appeals case in Indiana that addresses the trial courts failure to rule on a motion.
"Strutz himself is in error in raising these issues on appeal, since error can not be based on a court's failure to rule on a motion. In Re Paternity of Tompkins (1989), Ind. App., 542 N.E.2d 1009, 1012. The litigant's sole remedy is provided in Trial Rule 53.1. Misner v. Presdorf (1981), Ind. App., 421 N.E.2d 684, 687, transfer denied."
Strutz v. McNagny, 558 NE 2d 1103 - Ind: Court of Appeals, 3rd Dist. 1990
So in my mind, according to this case, I cannot appeal that the court erred in not issuing an order on my MTC because I did not properly invoke the lazy judge rule. With all of this being said, does that ruin any chance I have of winning this appeal?
This is a tactic to try and disguise a debtors exam as discovery for the suit. Basically they are assuming they have won and are looking for information to help them collect after getting a judgment. Object to those as immaterial to the complaint as filed.
Did you file a claim with your insurance when you received the bill? You do not get the contractual amount until a claim is opened by either the provider or YOU. While may providers do automatically file the claim to speed up getting paid it is not required that they do so.
There is a widow to submit a claim and once that closes you can file an appeal with the carrier but it rarely works. Now that two or more years have elapsed it is way too late to open a claim.
The major problem is that when you get any care at a hospital you sign a financial guarantee and it does stipulate that if your insurance doesn't pay you WILL. You are likely on the hook for the balance as billed now.