Legal Opinion
Kelly v. Bennett
Indiana Court of Appeals
Decided July 31, 2000No. 45A05-9912-CV-532PublishedCited by 10 opinions
1Opinion of the Court
OPINION
NAJAM, Judge
STATEMENT OF THE CASE
Marilyn Bennett and Richard Bennett (“the Bennetts”) sued Thomas Kelly, D.O. (“Kelly”). The trial court entered a default judgment against Kelly, and he appeals from the trial court’s denial of his motion to set aside the judgment.
We reverse and remand.
ISSUE
Kelly presents three issues for our review, which we consolidate and restate as: whether the trial court erred when it denied his motion to set aside the default judgment for insufficiency of service of process.
FACTS AND PROCEDURAL HISTORY
On October 22, 1998, the Bennetts filed a complaint against…
2Cases cited3 opinions
- Stidham v. WhelchelIndiana Supreme Court · 1998
- LaPalme v. RomeroIndiana Supreme Court · 1993
- Precision Erecting, Inc. v. WokurkaIndiana Court of Appeals · 1994
3Cited by10 opinions
- Mary L. Anderson v. Wayne Post 64, American Legion Corp.Indiana Court of Appeals · 2014
- Hill v. RameyIndiana Court of Appeals · 2001
- Norris v. Personal FinanceIndiana Court of Appeals · 2011
- Swiggett Lumber Const. Co., Inc. v. QuandtIndiana Court of Appeals · 2004
- Parkison v. Richard G.Indiana Court of Appeals · 2005
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