McGee v. Reynolds

I agree the trial court did not abuse its discretion in setting aside the default judgment. However, I do so for reasons different than those discussed by the majority. First, I am not persuaded McGee's attorney engaged in either fraud, misrepresentation, or other misconduct contemplated by Ind. Trial Rule 60(B)(8) which would afford relief to Reynolds. On the other hand, Ind. Trial Rule 60(B)(4), the alternative ground upon which Reynolds' motion was based, permits the court to set aside a default judgment where judgment was entered against a party served only by publication and without…