Mishler v. County of Elkhart

. GARRARD, Presiding Judge,

concurring.

I concur with the majority but believe a word of amplification may be helpful to the reader concerning our application of Bolerjack v. Forsythe (1984), Ind.App., 461 N.E.2d 1126 and question of collateral attack.

While the majority is correct in its application of the rule to the facts before us, its statement that "where the judgment is void for lack of jurisdiction a collateral attack is permissible," begs the question in the broader context. Some judgments entered without jurisdiction are void and may be collaterally attacked. Others are merely voidable…