Southside Automotive of Anderson, Inc., and David Amadio v. Celeste Smith and Byron Swain
Indiana Court of Appeals
1Opinion of the Court
Baker, Judge.
[1] Southside Automotive of Anderson, Inc. (Southside), and David Amadio appeal the trial court's denial of their motion to set aside a default judgment for Celeste Smith and Byron Swain. Finding that the default judgment should have been set aside, we reverse and remand for further proceedings.
Facts
[2] In late May 2017, Smith and Swain went to Southside to look for a car. They became very interested in a 2007 BMW 530xi. The two spoke with Amadio, the president of the company, about the car's condition. Amadio claimed that "the car was in mint condition ... a rare find ... [and]…
2Cases cited6 opinions
- Smith v. JohnstonIndiana Supreme Court · 1999
- Bennett v. AndryIndiana Court of Appeals · 1995
- Whelchel v. Community Hospitals of Indiana, Inc.Indiana Court of Appeals · 1994
- JK HARRIS & CO., LLC v. SandlinIndiana Court of Appeals · 2011
- Dalton Corporation v. Larry Myers and Loa MyersIndiana Court of Appeals · 2016
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3Cited by1 opinion
- Brian Denny v. Nathan VanoyIndiana Court of Appeals · 2020