Cordill v. CITY OF INDIANAPOLIS, DEPT., PARKS & REC.

Dissenting Opinion

Sullivan, J.,

I respectfully dissent.

Cordill was here entitled to the notice protections of TR. 72(D) and of TR. 5 (A) for he was not “in default for failure to appear”. The appropriation order clearly states that Cordill “appeared” at the appropriation hearing and as the majority opinion has duly noted, that record entry imports absolute verity upon appeal. Having appeared, Cordill could not be held to be in default for failure to appear.

Even were it otherwise, I could not agree with my colleagues. Thus, even if Cordill was not present at the appropriation hearing or if I…