The Huntingon National Bank v. Car-X Assoc. Corp

On Petition to Transfer from the Indiana Court of Appeals, No. 64A04-1405- - MF-227

DAVID, Justice.

After suing a mortgagee to foreclose on a lien, junior creditor Car-X Associates Corporation (Car-X) obtained a default judgment against co-defendant and senior creditor Huntington National Bank (Huntington) after Huntington failed to timely respond to the complaint and summons. A few weeks later, Huntington filed a motion to set aside the default judgment, arguing that it was entitled to relief under Indiana Trial Rule 60(B)(1) because of its excusable neglect and under Indiana Trial Rule…