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HORSLEY v. LEWIS

No. 1-882A224.

448 N.E.2d 41 (1983)

Steven M. HORSLEY, Defendant-Appellant, v. Travis L. LEWIS and Jane S. Lewis, Plaintiffs-Appellees.

Court of Appeals of Indiana, First District.

April 26, 1983.

Attorney(s) appearing for the Case

John P. Wilson, Wilson & Limeberry, Greenwood, for defendant-appellant.

John S. Capper, IV, Berry, Capper & Tulley, Crawfordsville, for plaintiffs-appellees.

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant Steven M. Horsley (Horsley) appeals a default judgment granted by the Montgomery Circuit Court in favor of plaintiffs-appellees Travis L. Lewis and Jane S. Lewis (Lewises).

We reverse.

STATEMENT OF THE FACTS

The basic issue concerns the applicability of the three day notice and hearing provision of Ind.Rules of Procedure, Trial Rule 55(B) where an attorney enters an appearance...

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