Common v. Kahlenbeck

ON PETITION FOR REHEARING

SHIELDS, Judge.

Brendonwood Common petitions this court to rehear an appeal which affirmed the trial court’s denial of an Indiana Rules of Procedure, Trial Rule 60 motion for relief from judgment.

Brendonwood, because it did not receive notice of entry of judgment until after the time allowed for filing a motion to correct errors, filed a T.R. 60 motion for relief from judgment which was denied.

In affirming this denial, we held: “Bren-donwood did not allege, nor did it show, that it exercised due diligence in ascertaining the status of the case.... [AJbsent a showing of…