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Justices reverse denial of car dealership’s motion to set aside default judgment

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Because a car dealership and its registered agent did not receive notice of a hearing on default judgment, the judgment entered against it was void for want of jurisdiction, the Indiana Supreme Court ruled.

Scott Jones sued Front Row Motors LLC and Jerramy Johnson, alleging Johnson rolled back the odometer and fraudulently claimed otherwise. Jones knew Johnson was in custody at the Hamilton County Community Corrections facility when he filed his lawsuit. But Jones did not make an effort to serve Johnson at the facility regarding his motion for default judgment and damages after Johnson did not appear at his deposition.

Default judgment was entered against the defendants in the amount of $34,616.73, but Jones later did not object to setting aside the judgment personally against Johnson due to potentially not providing valid service of notice to him.

Front Row Motors and Johnson appealed, arguing the trial court abused its discretion in failing to set aside the judgment as to the dealership.

After finding that the appellate courts had jurisdiction to entertain this appeal based on it being deemed final by operation of Trial Rule 60(C), the justices reversed the denial of Front Row Motor’s motion to set aside default judgment.

Indiana Code 23-1-24-4 provides: “A corporation’s registered agent is the corporation’s agent for service of process, notice, or demand required or permitted by law to be served on the corporation.”

“The record shows that at all relevant times during the pendency of this action Jerramy Johnson was the registered agent for Front Row Motors, LLC. Indeed Jones served Johnson in that capacity at the address listed with the Secretary (of) State, namely Johnson’s home address. But Jones knew that Johnson was not present at that address and instead was a resident of a Community Corrections facility. Despite this knowledge Jones made no effort to serve Johnson – the registered agent of Front Row Motors – at the facility,” Justice Robert Rucker wrote in Front Row Motors, LLC and Jerramy Johnson v. Scott Jones, 49S02-1311-PL-758.

“On the record before us Front Row Motors has made a prima facie showing that Jones’ service of process was a mere gesture not calculated to inform it of the default damages hearing. Because Front Row Motors did not receive notice of the hearing, the default judgment entered against it was void for want of jurisdiction. The trial court thus abused its discretion in denying Front Row Motor’s motion to set aside the judgment.”
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2014/march/03271401rdr.pdf

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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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