1. Home
  2. Browse Decisions
  3. N.E.2d
  4. 711 N.E.2d
  5. 711 N.E.2d 1259 (1999)
 

SMITH v. JOHNSTON

No. 49S05-9902-CV-141.

711 N.E.2d 1259 (1999)

Ray C. SMITH, III, M.D., and Smith Surgical Group, Appellants (Defendant below), v. Donald James JOHNSTON, Husband and Executor of the Estate of Beverly Joanne Johnston, Deceased, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 27, 1999.

Attorney(s) appearing for the Case

Sandra Boyd Williams, Todd J. Kaiser, Mary Ruth Feldhake, Indianapolis, Indiana, Attorneys for Appellants

Karen B. Neiswinger, Indianapolis, Indiana, Attorney for Appellee.

Defense Trial Counsel of Indiana, Leonard E. Eilbacher, James P. Fenton, Fort Wayne, Indiana, James D. Johnson, Evansville, Indiana, Attorneys for Amicus Curiae.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that a default judgment must be set aside under Trial Rule 60(B)(3) for misconduct where the plaintiff's attorney filed suit and pursued the default judgment without notifying the attorneys whom she had been advised in writing were representing the defendant in the matter.

Factual and Procedural Background

Donald Johnston filed a proposed complaint...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases