SWAIN v. SWAIN

No. 18A02-9005-CV-00278.

565 N.E.2d 1134 (1991)

Phillip O. SWAIN, Defendant-Appellant, v. Evelyn SWAIN, Plaintiff-Appellee.

Court of Appeals of Indiana, Fifth District.

January 30, 1991.


Attorney(s) appearing for the Case

James J. Jordan, Muncie, for defendant-appellant.

Dale E. Hunt, Dunnuck, Teagle & Hunt, Muncie, for plaintiff-appellee.


SHARPNACK, Judge.

This case is before us on appellee's motion to dismiss on the ground that appellant failed to file either a praecipe or motion to correct error within thirty days of the entry of judgment by the trial court. We deny the motion.

Trial to the court on appellee's complaint resulted in the entry of a judgment in favor of appellee on December 27, 1989. Appellee's counsel learned of the judgment and obtained a copy of it that day. Thirty-three...

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