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WHITTAKER v. DAIL

No. 27A02-9007-CV-424.

567 N.E.2d 816 (1991)

Richard WHITTAKER, Defendant-Appellant, v. Susan DAIL, Plaintiff-Appellee.

Court of Appeals of Indiana, Fifth District.

March 4, 1991.

Attorney(s) appearing for the Case

Charles F. Robinson, Jr., Linda Y. Hammel, Yarling Robinson Hammel & Lamb, Indianapolis, for defendant-appellant.

P. Robert Dawalt, Jr., Marion, for plaintiff-appellee.

SHARPNACK, Judge.

Whittaker appeals from a judgment in favor of Dail and the denial of his motion for relief from that judgment under Ind. Trial Rule 60(B)(1). The judgment was for $99,423.90 in actual damages and $198,757.80 punitive damages. The judgment was entered after the court, without a jury, received evidence presented by Dail on the day the case had previously been set for trial by jury. Neither the defendant Whittaker nor any attorney representing him was...

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