Oler v. Supervised Estate of Huckleberry

MILLER, Judge.

Dale Oler appeals the trial court’s denial of his Trial Rule 60(B) Motion for Relief From Judgment. Oler’s counsel had failed to respond to a summary judgment motion and failed to appear at the hearing. However, the original date for the hearing had been advanced by 30 days and Oler’s counsel claimed he was not notified. Oler argues lack of notice because of faulty pro*350cess and the resulting absence of Oler’s attorney through no fault of the party constitute excuseable neglect under T.R. 60(B)(1) and the trial court abused its discretion in denying his motion. We agree and…