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McFARLAND v. PHEND & BROWN, INC.

No. 3-773A94.

317 N.E.2d 460 (1974)

Mariann Lantz McFarland, Appellant, v. PHEND & BROWN, INC., an Indiana Corporation, et al., Appellees. Joseph L. Lantz, Appellant, v. Phend & Brown, Inc., an Indiana Corporation, et al., Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied December 4, 1974.

Attorney(s) appearing for the Case

W. Scott Montross, Townsend, Hovde & Townsend, Indianapolis, for appellants.

Max E. Reed, Widaman, Bowser, Reed & Geberin, Warsaw, for appellees.

STATON, Judge.

Joseph L. Lantz and his daughter, Mariann Lantz McFarland, filed their Indiana Rules of Procedure, Trial Rule 60(B)(3) motion to be relieved from a final judgment. They contended that the affidavit in support of the summary judgment motion misrepresented the liability position of Phend & Brown, Inc. The trial court overruled their TR. 60(B)(3) motion. Their consolidated appeal raises this sole issue:...

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