Logal v. Cruse

Dissenting Opinion

Staton, P.J.

— I dissent. Indiana Rules of Procedure, Trial Rule 60(B) permits a motion to be filed within a year after judgment.1 The Rule provides in part:

“(B) Mistake — Excusable neglect — Newly discovered evidence — Fraud, etc. On motion and upon such terms as are just the court may relieve a party or his legal representative from a final judgment, order, default or proceeding for the following reasons:(1) mistake, surprise, or excusable neglect;(2) any ground for a motion to correct error, including without limitation newly discovered evidence, which by due diligence…