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SIMMONS v. CARTER

No. 48A02-9103-CV-128.

576 N.E.2d 1278 (1991)

Arthur SIMMONS, Appellant-Respondent, v. Roosevelt CARTER, Jr., Appellee-Petitioner.

Court of Appeals of Indiana, First District.

Opinion on Rehearing September 25, 1991.

Attorney(s) appearing for the Case

Mary Ann Wehmueller, UAW-GM Legal Services Plan, Anderson, for appellant-respondent.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Arthur Simmons appeals the denial of his motion to set aside a default judgment entered against him in a small claims action. We reverse and remand.

ISSUE

The issue presented for our decision is whether a judgment entered in a small claims action instituted for another person by a person not admitted to practice law in this state is a nullity and must be vacated.

FACTS

On February...

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