Keiling v. McIntire

HOFFMAN, Judge.

This is an appeal from a denial of a motion filed by defendant-appellant Roger Keiling under Ind.Rules of Procedure, Trial Rule 60(B)(1) to set aside a default judgment on the grounds that said judgment was entered through surprise. The relevant facts may be summarized as follows: On June 9, 1978 plaintiff-appellee Marilyn Mclntire filed a complaint against Keiling to recover for personal injuries and property damage. It appears that summons and thereafter alias summons, return receipt requested, were ordered to be issued on Keil-ing. Unfortunately neither the return nor the…