Interest Groups

Mistakes Don’t Always Define You: Indiana Court Of Appeals Upholds Set-Aside Of Default Judgment - Appellate Practice News

Get the news you want the way you want it: click the RSS button in the right corner to add this feed to your RSS reader, or click here to subscribe to this content. By subscribing, you’ll find this news on your Member Account page, and the latest articles will be emailed to you in your customized IndyBar E-Bulletin e-newsletter.

Appellate Practice News


Posted on: Mar 20, 2019

From the National Law Review:

What happens when a defendant simply drops the ball and fails to respond in a timely manner to a complaint and a default judgment is entered? Indiana courts have refused to hold such conduct as excusable neglect or a mistake allowing the set-aside of a default judgment under Ind. Trial Rule 60(B)(1). On Jan. 24, 2019, the Indiana Court of Appeals held that such defendants may be afforded relief under Ind. Trial Rule 60(B)(8) in Fields v. Safway Group Holdings, LLC, which was a split decision – the majority building on a 2015 Indiana Supreme Court decision.

Read more.

If you would like to submit content or write an article for the Appellate Practice Section, please email Kara Sikorski at ksikorski@indybar.org.

DID YOU KNOW?

Indianapolis Bar Association (IndyBar) est. 1878 | 4,536 Members (as of 2.11.21)