BOARD OF TRUSTEES, ETC. v. City of Fort Wayne

Dissenting Opinion

DeBruler, J.

There is much sound law in the majority opinion with which I heartily agree, however, I do not concur in the application of that law to the circumstances presented here. The issue before us is whether the Noble Circuit Court correctly denied the Trial Rule 60 motion of the City of New Haven. That motion was summarized by the opinion of Judge Garrard for the Third District Court of Appeals as having two legal bases: (1) that the Allen Circuit Court judgment at which the motion was directed was entered without notice or opportunity for the City of New Haven to be…