Clint Fields v. Safway Group Holdings, LLC

*813[1] I agree with the trial court that Safway did not establish mistake, surprise, or excusable neglect sufficient to justify relief, under Trial Rule 60(B)(1), from the default judgment entered in favor of Fields. I part ways with the trial court, and the majority, however, to the extent that they conclude that Safway was entitled to relief under Rule 60(B)(8).

[2] The majority agrees with the trial court that Safway's actions constituted inexcusable neglect, but that equitable considerations justify relief from judgment. But it has long been held that Rule 60(B) permits relief "in…