STATE v. WILLITS

No. 30A05-0001-CR-29.

733 N.E.2d 496 (2000)

STATE of Indiana, Indiana State Police, Appellants-Respondents, v. Timothy X. WILLITS, Robert Willits, and Judy Willits, Appellees-Petitioners.

Court of Appeals of Indiana.

Transfer Denied October 5, 2000.


Attorney(s) appearing for the Case

Karen M. Freeman-Wilson, Attorney General of Indiana, James B. Martin, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellants.

Gregg H. Morelock, D.J. Davis, Cohen & Morelock, Greenfield, Indiana, Attorneys for Appellees.


OPINION

KIRSCH, Judge.

The State of Indiana and the Indiana State Police (ISP) appeal the entry of a default judgment against them and in favor of Robert and Judy Willits and raise the following issues:

I. Whether the trial court abused its discretion in denying their motion to set aside default judgment.

II. Whether the trial court had authority to award damages in response to a motion to return property.

We affirm.

FACTS...

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