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MATHIS v. MOREHOUSE

No. 2-581A180.

433 N.E.2d 814 (1982)

James B. MATHIS, Appellant (Defendant below), v. Roscoe L. MOREHOUSE, d/b/a Morehouse Construction Co., Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied May 19, 1982.

Attorney(s) appearing for the Case

John P. Price, Gregory D. Sumner, Bingham, Summers, Welsh & Spilman, John F. McCann, Jr., McCann & Longerger, Indianapolis, for appellant.

J. Michael Antrim, John K. Smeltzer, Church, Roberts & Beerbower, Noblesville, for appellee.

SHIELDS, Judge.

Appellant, James B. Mathis, appeals the denial of his Ind.Rules of Procedure, Trial Rule 60(B) motion to set aside a default judgment. Mathis raises two issues on appeal:

I. Did the trial court err in failing to set aside the default judgment, and II. Did the trial court err in failing to set aside the damage portion of the judgment.

We affirm.

Morehouse filed his complaint against Mathis on October 3, 1979. An amended...

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