FERGUSON v. STEVENS

No. 07A01-0508-CV-395.

851 N.E.2d 1028 (2006)

Rob FERGUSON, DVM, Appellant-Plaintiff, v. Sandra STEVENS and Donald Stevens, Appellees-Defendants.

Court of Appeals of Indiana.

August 1, 2006.


Attorney(s) appearing for the Case

Brent E. Steele, Steele & Steele, LLC, Bedford, Attorney for Appellant.


OPINION

VAIDIK, Judge.

Case Summary

Rob Ferguson, D.V.M., appeals the trial court's decision to set aside a default judgment in his favor. We find that when service is by publication and the defendant has no actual notice of the default judgment, under Trial Rule 60(B)(4) a showing of a meritorious defense is required before the trial court can set aside the judgment. Because the trial court properly set aside the judgment, we affirm.

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