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Wednesday, February 01, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 0 NFP memorandum decision(s))

For publication opinions today (1):

In Menard, Inc. v. Reba Lane, a 16-page opinion, Judge May writes:

Menard, Inc. (“Menard”) appeals the denial of its motion to set aside the default judgment entered in favor of Reba Lane when Menard failed to appear or defend itself against her personal injury suit. As we conclude the trial court did not abuse its discretion in denying Menard’s motion to set aside the default judgment, we affirm. * * *

Lane attempted service of her complaint and summons in multiple ways, all of which conformed with the requirements of the Indiana Trial Rules. Additionally, Lane’s attorney did not engage in misconduct when she did not notify the two law firms who had represented Menard in the past. Finally, the breakdown in communication between Menard employees regarding the summons and complaint was not excusable neglect. Accordingly, we affirm.

NFP civil decisions today (0):

NFP criminal decisions today (0):

Posted by Marcia Oddi on February 1, 2017 11:00 AM
Posted to Ind. App.Ct. Decisions