Lyerson v. Hogan

CONOVER, Judge.

Plaintiffs-appellants Norman E. Lyerson and Phyllis J. Lyerson (Lyersons) appeal the Marion County Municipal Court’s order granting the motion to correct errors of defendants-appellees Ira Hogan and Etta Hogan (Hogans).

We reverse.

ISSUES

This appeal presents the following issues:

1. Whether the Hogans were entitled to notice of the Lyersons’ motion to reinstate after a T.R. 41(E) dismissal of the case where they had not appeared to the action, but have a meritorious defense thereto.

2. Whether a failure to make timely defenses because a party’s attorney leads him to believe the…