17 N.E.3d 353
Ind. Ct. App.2014Background
- Midland Funding filed a small claims action in Marion County to collect a Chase credit card debt; Welton did not respond and a default judgment was entered on March 15, 2012.
- Welton moved under Trial Rule 60(B) claiming she did not receive the complaint and that the debt was satisfied in 2010; the trial court granted relief from judgment on August 27, 2012.
- Midland moved for summary judgment on September 14, 2012 and Welton requested extensions to respond, ultimately until January 14, 2013; Welton did not respond by that date and summary judgment was granted January 22, 2013.
- Welton filed a second Trial Rule 60(B)(1) motion on January 30, 2013 alleging a meritorious defense and calendaring mistakes due to a new firm; a hearing was held and the trial court denied the motion.
- Welton unsuccessfully sought correction of error; she appeals arguing trial court abused its discretion and that summary judgment merits should be reviewed de novo.
- The appellate court affirms, holding no abuse of discretion and deeming Welton’s challenge to the merits of Midland’s summary judgment unavailable on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying Welton’s 60(B) relief | Welton argues mistake and excusable neglect; meritorious defense (paid debt) supported by prior relief | Midland contends no meritorious defense and no abuse given late response and prior relief rules | No abuse; denial affirmed |
Key Cases Cited
- Mitchell v. 10th & The Bypass, LLC, 3 N.E.3d 967 (Ind. 2014) (limits on belated responses under Rule 56(I))
- Desai v. Croy, 805 N.E.2d 844 (Ind. Ct. App. 2004) (46-day rule for late evidence; Desai approved by Borsuk)
- Borsuk v. Town of St. John, 820 N.E.2d 118 (Ind. 2005) (early exploration of late filings after Rule 56 deadlines)
- HomEq Servicing Corp. v. Baker, 883 N.E.2d 95 (Ind. 2008) (late-filed affidavit not considered under Rule 56)
- Outback Steakhouse of Florida, Inc. v. Markley, 856 N.E.2d 65 (Ind. 2006) (meritorious defense standard for Rule 60(B))
- In re Paternity of P.S.S., 934 N.E.2d 737 (Ind. 2010) (appeal timing and rules regarding Trial Rule 60(B))
- JK Harris & Co., LLC v. Sandlin, 942 N.E.2d 875 (Ind. Ct. App. 2011) (waiver for failing to raise issues in trial court)