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KEYBANK v. DAVIS

No. 20A03-0207-CV-250.

785 N.E.2d 1146 (2003)

KEYBANK, f/k/a Society National Bank, Indiana, Appellant-Plaintiff, v. Candice DAVIS, Appellee-Defendant.

Court of Appeals of Indiana.

April 3, 2003.

Attorney(s) appearing for the Case

Robert J. Palmer, Jeffery A. Johnson, May, Oberfell & Lorber, South Bend, IN, Attorneys for Appellant.

James P. Fenton, Alan Verplanck, Eilbacher Scott, P.C., Fort Wayne, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-plaintiff Keybank, f/k/a Society National Bank, Indiana (Keybank) appeals the trial court's decision to grant relief to appellee-defendant Candice Davis. Specifically, Keybank argues that Candice waived any claim of deficient service of process by failing to assert such a defense in her first motion to set aside the default judgment filed pursuant to Indiana Trial Rule 60(B). Concluding...

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