Crayne v. M. K. R. L.

I respectfully dissent.

The standard of review to be employed was properly set forth by this Court in the case of Brewer v. Brewer (1980), Ind.App., 403 N.E.2d 352, at 354:

“We must next decide whether Paulina was adequately represented in the present action. In making this determination, we feel that the proper standard to be applied is whether or not there was a showing of actual prejudice, Gann v. Burton, [(1974) Tenn., 511 S.W.2d 244] supra, and that the incompetent party had a meritorious defense which it was prevented from making. Judd v. Gray, Gdn., [(1901) 156 Ind. 278, 59 N.E. 849]…