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Monday, July 06, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decisions)

For publication opinions today (1):

In Linda Rosenberg v. Kenneth Robinson, a 16-page opinion, Judge Brown writes:

Linda Rosenberg appeals from the entry of default judgment under two causes, raising three issues, which we consolidate and restate as whether the trial court erred in denying her motion to set aside default judgment against her and denying her motion to correct error. We reverse and remand. * * *

We conclude that the small claims court erred in entering default judgment in favor of Robinson under Cause No. 1965 and Cause No. 1966 without first making inquiry so as to assure the court that Robinson as the plaintiff had a prima facie case as contemplated by Indiana Small Claims Court 10(B). See Smith, 560 N.E.2d at 1260-1261. Accordingly, Rosenberg has established prima facie error and that she, within one year after the entry of default judgment, established good cause under Indiana Small Claims Rule 10(C) for the court to vacate the judgments and reschedule the hearing of the original claims. The small claims court abused its discretion in denying Rosenberg’s motion to set aside the default judgments and her motion to correct error. We remand with instructions to vacate the entry of judgment and reschedule the hearing of the original claims.

NFP civil decisions today (1):

In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.W., Minor Child, and his parents, B.S. and Ch.W. v. Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (3):

Elmer Bryant v. State of Indiana (mem. dec.)

Richard Jones v. State of Indiana (mem. dec.)

Ronald Lambert v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 6, 2015 11:54 AM
Posted to Ind. App.Ct. Decisions