Legal Opinion

Genia Wamsley v. Tree City Village, New Generation Management, Inc., and Matthew Joseph

Indiana Court of Appeals

Decided February 28, 2018No. 16A01-1706-CT-1355Published

1Opinion of the Court

Mathias, Judge.

[1] Genia Wamsley ("Wamsley") appeals the trial court's order setting aside default judgment entered against Tree City Village and New Generation Management, Inc. (collectively "the Landlords"). Because we find that the trial court abused its discretion when it found that the failure to respond to the lawsuit by the Landlords was the result of excusable neglect, we reverse and remand.

Facts and Procedural History

[2] On March 7, 2016, Matthew Joseph ("Joseph") was cleaning his nine-millimeter handgun in his Greensburg, Indiana apartment 2 when it accidently discharged. The bullet…

2Cases cited11 opinions

  1. Smith v. JohnstonIndiana Supreme Court · 1999
  2. Boles v. WeidnerIndiana Supreme Court · 1983
  3. County of Vanderburgh v. Weddle Bros. Construction Co.Indiana Supreme Court · 2003
  4. Kmart Corp. v. EnglebrightIndiana Court of Appeals · 1999
  5. Allstate Insurance Co. v. WatsonIndiana Supreme Court · 2001

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API