Legal Opinion

Southside Automotive of Anderson, Inc., and David Amadio v. Celeste Smith and Byron Swain

Indiana Court of Appeals

Decided December 7, 2018No. Court of Appeals Case 18A-SC-471PublishedCited by 1 opinion

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

  1. Smith v. JohnstonIndiana Supreme Court · 1999
  2. Bennett v. AndryIndiana Court of Appeals · 1995
  3. Whelchel v. Community Hospitals of Indiana, Inc.Indiana Court of Appeals · 1994
  4. JK HARRIS & CO., LLC v. SandlinIndiana Court of Appeals · 2011
  5. Dalton Corporation v. Larry Myers and Loa MyersIndiana Court of Appeals · 2016

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3Cited by1 opinion

  1. Brian Denny v. Nathan VanoyIndiana Court of Appeals · 2020

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