Legal Opinion
Sanders v. Kerwin
Indiana Court of Appeals
Decided December 18, 1980No. 2-780A220PublishedCited by 12 opinions
1Opinion of the Court
RATLIFF, Judge.
STATEMENT OF THE CASE
Walter Lee Sanders appeals from the denial of his motion to set aside default judgment and supplemental motion for the same purpose. We reverse and remand.
STATEMENT OF FACTS
On October 5, 1979, Courtney Kerwin filed a notice of claim in the small claims docket of the Howard County Court claiming $475.00 on account. 1 The notice of claim was duly served upon Sanders by certified mail return receipt requested as provided by Ind.Rules of Procedure, Small Claims Rule 3. The notice of claim provided:
“TO THE DEFENDANT:
“You have been sued by the Plaintiff whose…
2Cases cited5 opinions
- Kreczmer v. Allied Construction CompanyIndiana Court of Appeals · 1972
- Costanzi v. RyanIndiana Court of Appeals · 1978
- In Re the Marriage of JonesIndiana Court of Appeals · 1979
- Fitzgerald v. BrownIndiana Court of Appeals · 1976
- Michels v. Young Metal Products, Inc.Indiana Court of Appeals · 1971
3Cited by12 opinions
- Smith v. JohnstonIndiana Supreme Court · 1999
- Outback Steakhouse of Florida, Inc. v. MarkleyIndiana Supreme Court · 2006
- Magnolia Mountain Ltd. Partnership v. Ski Rio Partners, Ltd.New Mexico Court of Appeals · 2005
- Shane v. Home Depot USA, Inc.Indiana Court of Appeals · 2007
- Plough v. Farmers State Bank of Henry CountyIndiana Court of Appeals · 1982
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