City of Gary v. Baker

CONCURRING OPINION

Garrard, J.

I agree that the City of Gary was improperly defaulted and the judgment must be reversed.

The action is an appeal from the administrative decision terminating appellee Baker from the Gary Fire Department. As such, it is governed by IC 1971,18-1-11-3. Also, as pointed out by Judge Hoffman, that statute obviates the necessity of the city filing any responsive pleading. Accordingly, the city was not subject to default on that ground.

The remaining ground assigned to support the default was the failure of the city to have its appearance (in person or by counsel) entered…