McFarland v. Phend & Brown, Inc.

Joseph L. Lantz and his daughter, Mariann Lantz McFarland, filed their Indiana Rules of Procedure, Trial Rule 60(B) (8) motion to be relieved from a final judgment. They contended that the affidavit in support of the summary judgment motion misrepresented the liability position of Phend & Brown, Inc. The trial court overruled their TR. 60(B) (3) motion. Their consolidated appeal raises this sole issue:

Did the trial court abuse its discretion when it overruled their motion for relief from final judgment?

Our review examines the action taken by Lantz and his daughter to avoid the final judgment…