Muenich v. Gulden

MILLER, Judge.

Before Donald Gulden's (plaintiff-appel-lee) small claims action for $8,000 was tried, Michael Muenich, Defendant-appel- . lant, offered judgment of - $750 under Indiana Trial Rule 68. Gulden refused the offer, and when the case went to trial, Gulden's award was $650. Consequently, we must now decide whether Ind. Trial Rule 68 applies to small claims proceedings-that is, whether the costs incurred by Muenich after the judgment offer may be assessed against Gulden. We find that Small Claims Rule 11 is applicable to the exclusion of T.R. 68 because it provides that the party…