Smith v. Johnston

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that a default judgment must be set aside under Trial Rule 60(B)(3) for misconduct where the plaintiffs attorney filed suit and pursued the default judgment without notifying the attorneys whom she had been advised in writing were representing the defendant in the matter.

Factual and Procedural Background

Donald Johnston filed a proposed complaint with the Indiana Department of Insurance against Dr. Ray C. Smith, III, and Smith Surgical Group 1 for medical malpractice in the treatment of his wife Beverly Johnston. 2 Throughout the panel proceedings…