Greathouse v. American National Bank & Trust Co.

DYCHE, Judge.

Dewey Greathouse appeals from a default judgment in the amount of $140,-000.00 (plus interest and costs) granted by the Warren Circuit Court in favor of American National Bank & Trust Company [“Bank”]. The judgment was granted after the trial court, pursuant to CR 37.-02(2)(c), struck appellant’s answer and counterclaim from the record. On appeal, we are asked to rule that the trial court’s action was an abuse of discretion.

Appellee’s complaint on a promissory note was filed on September 23, 1987; appellant was personally served with a civil summons (CR 4.02) and a copy of the…