Riley, J.
STATEMENT OF THE CASE
Appellants-Plaintiffs, the Estate of Carrie Etta Mills McGoffney (Estate) and Kelly McGoffney (McGoffney) as the Estate’s personal representative, appeal the trial court’s denial of a motion to reinstate their previously-dismissed case against Appellees-Defendants, Vigo County Prosecutor (Prosecutor), Vigo County Adult Protective Services (APS), and Margaret Ditteon d/b/a Personal Resource Management (Ditteon). We affirm.
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In this case, the trial court dismissed the Estate’s case on July 1, 2015 without prejudice. Although a dismissal pursuant to Indiana Trial Rule 41(E) is a final appealable order, McGoffney did not appeal the dismissal or any of the trial court’s prior orders. Ind. Dep’t of Nat. Res. v. Ritz, 945 N.E.2d 209, 214 (Ind. Ct. App. 2011), trans. denied. Instead, one year after the trial court’s order of dismissal, McGoffney filed a Motion to Reinstate Original Proposed Complaint pursuant to Indiana Trial Rule 41(F), as well as motions to grant default judgment and change of judge.
In State ex rel. Peoples Nat’l Bank & Trust Co. of Washington v. Dubois Circuit Court, 233 N.E.2d 177, 178 (Ind. 1968), our supreme court stated that “a motion to reinstate will not take the place of an appeal nor toll the running of the time for an appeal.” We recognize that this case appears to have been decided before the enactment of Trial Rule 41(F), and the supreme court held that the failure to timely perfect an appeal deprived it of jurisdiction to consider the issue of reinstatement. Id. Notwithstanding subsequent changes in trial rules and case law regarding appellate jurisdiction, we agree that a motion for reinstatement does not toll the time for filing a Notice of Appeal to dispute the merits of matters finally decided. Yet, it is also clear that Trial Rule 41(F) contemplates that motions for reinstatement might be filed later than the typical thirty days for filing an appeal. Thus, when a motion for reinstatement is filed beyond the thirty-day mark for filing an appeal, we find that any subsequent appeal will pertain solely to whether the trial court abused its discretion in denying or granting the motion to reinstate.
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Under Trial Rule 41(E), the trial court may dismiss if “no action has been taken . . . for a period of sixty (60) days.” We agree with McGoffney that she did not simply sit by idly while the clock ticked away on her case. Rather, she filed motions repeatedly seeking default judgment and a change of judge. However, her Complaint had been stricken as of April 8, 2015, and, thereafter, no action was taken to either file an amended complaint or to appeal the merits of her Complaint being stricken based on her pro se filing. Rather, during the period that the Estate was briefly represented by counsel, only a motion to reconsider was filed, which the trial court denied. Thus, for nearly three months, there was no active complaint before the trial court in order for the trial court to even be able to address McGoffney’s related motions. Furthermore, McGoffney has offered no good cause as to why she did not attend the hearing on the dismissal. Instead, she explicitly, and inexplicably, informed the trial court that she refused to attend any additional proceedings so long as Judge Hunt continued to preside over the matter. Accordingly, we find that McGoffney has failed to establish good cause that her Complaint should be reinstated following a dismissal for failure to prosecute. [Footnote omitted.]
CONCLUSION
Based on the foregoing, we conclude that McGoffney has forfeited her right to appeal all issues beyond the trial court’s denial of her Motion to Reinstate Original Proposed Complaint. We further conclude that the trial court acted within its discretion in denying McGoffney’s Motion to Reinstate Original Complaint.
Affirmed.
Najam, J. and Bradford, J. concur