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LIPSCOMB v. MARKWARD

No. 3-583A153.

457 N.E.2d 613 (1983)

Lawrence A. LIPSCOMB, Appellant (Plaintiff below), v. Frank P. MARKWARD, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

December 27, 1983.

Attorney(s) appearing for the Case

James J. Nagy, Munster, for appellant.

Jay A. Charon, Merrillville, for appellee.

STATON, Judge.

Lipscomb brought a personal injury action against Markward. When Markward failed to plead, the court entered a default judgment against Markward and awarded damages of twenty five thousand dollars ($25,000.00) to Lipscomb. Eleven days later Markward moved under Ind.Rules of Procedure 60(B)(1)1 for relief from the judgment. The trial court granted relief and Lipscomb appeals. He contends that the trial court abused its discretion...

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