KOA Properties, LLC v. Laura Matheison
2013 Ind. App. LEXIS 118
| Ind. Ct. App. | 2013Background
- Matheison filed a small claim against Todd Culp, KOA Properties LLC, and KOA’s address was listed as Hartford City, Indiana.
- Certified mail service was accepted by Culp at KOA’s address, though KOA argues it never was served separately.
- KOA did not appear at the February 3, 2012 small claims hearing; a default judgment in Matheison’s favor for $4,300 plus costs was entered against Culp alone.
- Culp moved to vacate; the court vacated the default as to Culp personally but refused to set aside KOA’s default, then amended the judgment caption to KOA Properties LLC.
- KOA later moved to vacate for lack of personal jurisdiction, arguing KOA had not been served; the trial court denied the motion.
- During the appeal, the court sua sponte held a hearing to determine whether Matheison needed appointed appellate counsel, and appointed counsel for her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appellate counsel appointment validity | Matheison argued the court could appoint counsel sua sponte to aid appeal. | KOA contends appointment violated Indiana law requiring indigent-applicant filing. | Appointing appellate counsel was within the court's discretion. |
| Whether the default judgment should be set aside | Matheison obtained a proper judgment on the merits and service was adequate. | KOA was not properly served; the court lacked personal jurisdiction over KOA. | The trial court did not abuse its discretion; judgment affirmed. |
Key Cases Cited
- All Season Exteriors, Inc. v. Randle, 624 N.E.2d 484 (Ind. Ct. App. 1993) (burden to vacate requires good cause and a meritorious defense or lack of proper entry)
- Sears v. Blubaugh, 613 N.E.2d 468 (Ind. Ct. App. 1993) (default relief requires meritorious defense or proper grounds)
- Idlewine v. Madison Cnty. Bank & Trust Co., 439 N.E.2d 1198 (Ind. Ct. App. 1982) (one summons delivered to residence of two parties may be improper service)
- Breneman v. Slusher, 768 N.E.2d 451 (Ind. Ct. App. 2002) (waiver when issue raised for first time on appeal)
- King v. United Leasing, Inc., 765 N.E.2d 1287 (Ind. Ct. App. 2002) (abuse of discretion standard for setting aside default judgment)