Legal Opinion
Simmons v. Carter
Indiana Court of Appeals
Decided September 25, 1991No. 48A02-9103-CV-128PublishedCited by 11 opinions
1Opinion of the Court
RATLIFF, Chief Judge.
STATEMENT OF THE CASE
Arthur Simmons appeals the denial of his motion to set aside a default judgment entered against him in a small claims action. We reverse and remand.
ISSUE
The issue presented for our decision is whether a judgment entered in a small claims action instituted for another person by a person not admitted to practice law in this state is a nullity and must be vacated.
FACTS
On February 20, 1990, a small claims action was instituted against Simmons on behalf of Carter by one Earlie Dixon who signed the Notice of Small Claim form on the signature line designated…
2Cases cited11 opinions
- James A. McShane v. United States of America, Scottish Law Society, English Law Society, Rhodesian Immigration AuthorityCourt of Appeals for the Ninth Circuit · 1966
- Janiczek v. Dover Management Co.Appellate Court of Illinois · 1985
- State Ex Rel. Western Parks, Inc. v. Bartholomew County CourtIndiana Supreme Court · 1978
- Leonard v. WalshAppellate Court of Illinois · 1966
- Fruin v. Northwestern Medical Faculty Foundation, Inc.Appellate Court of Illinois · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Watson v. Auto Advisors, Inc.Indiana Court of Appeals · 2005
- Trook v. Lafayette Bank and Trust Co.Indiana Court of Appeals · 1991
- Turkey Point Property Owners' Ass'n v. AndersonCourt of Special Appeals of Maryland · 1995
- Professional Laminate & Millwork, Inc v. B & R EnterprisesIndiana Court of Appeals · 1995
- Butler v. StateIndiana Court of Appeals · 1996
6 more not listed; retrieve them via the Exa API.