Legal Opinion

Flying J, Inc. v. Jeter

Indiana Court of Appeals

Decided December 22, 1999No. 45A03-9902-CV-41PublishedCited by 17 opinions

1Opinion of the Court

OPINION

SULLIVAN, Judge

Appellant, Flying J, Inc. (Flying J), challenges the trial court’s denial of its motion to set aside default judgment.

We reverse and remand.

On July 14, 1996, Johnnie Jeter (Jeter), while patronizing Flying J’s convenience store, slipped and fell causing injury. She filed a complaint against Flying J for negligence on July 13, 1998, and served Flying J with the summons and complaint on July 21, 1998. Flying J did not file an answer to her complaint, and on September 15, 1998, Jeter filed a motion for default judgment. On the same date, the trial court granted the motion…

2Cases cited5 opinions

  1. Smith v. JohnstonIndiana Supreme Court · 1999
  2. State, Department of Natural Resources v. Van KeppelIndiana Court of Appeals · 1991
  3. Whittaker v. DailIndiana Supreme Court · 1992
  4. Whelchel v. Community Hospitals of Indiana, Inc.Indiana Court of Appeals · 1994
  5. Butler v. Shipshewana Auction, Inc.Indiana Court of Appeals · 1998

3Cited by17 opinions

  1. Shane v. Home Depot USA, Inc.Indiana Court of Appeals · 2007
  2. McGrath v. Everest National InsuranceDistrict Court, N.D. Indiana · 2010
  3. Olson v. Alick's Drugs, Inc.Indiana Court of Appeals · 2007
  4. Delphi Corp. v. OrlikIndiana Court of Appeals · 2005
  5. Mason v. AultIndiana Court of Appeals · 2001

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