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KELLY v. BENNETT

No. 45A05-9912-CV-532.

732 N.E.2d 859 (2000)

Thomas KELLY, D.O., Appellant-Defendant, v. Marilyn BENNETT and Richard Bennett, Appellees-Plaintiffs.

Court of Appeals of Indiana.

July 31, 2000.

Attorney(s) appearing for the Case

Kevin C. Tyra, Landau Omahana & Tyra, Indianapolis, Indiana, Edward P. Grimmer, Crown Point, Indiana, Attorneys for Appellant.

John M. Kopack, Kopack & Associates, Merrillville, Indiana, Attorney for Appellees.

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Marilyn Bennett and Richard Bennett ("the Bennetts") sued Thomas Kelly, D.O. ("Kelly"). The trial court entered a default judgment against Kelly, and he appeals from the trial court's denial of his motion to set aside the judgment.

We reverse and remand.

ISSUE

Kelly presents three issues for our review, which we consolidate and restate as: whether the trial court erred when it...

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