Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Christopher Payton v. Derek Fell, in his official capacity as Sheriff of Vigo Co.
No. 26A-CT-118
Appeal from Vigo Superior Court, Special Judge Robert A. Pell. The court affirmed the trial court’s order that granted Sheriff Fell’s motion to set aside a default judgment. Payton argued that the trial court abused its discretion; however, the court found that the chaotic transition period following the death of Sheriff Plasse constituted excusable neglect. It emphasized the preference for resolving cases on their merits and noted the significant loss Sheriff Fell would suffer if the judgment was not set aside, while Payton would incur considerably less loss if the case was reinstated. The court determined that Sheriff Fell demonstrated excusable neglect and a meritorious defense. Judge Pyle authored the opinion, with Judges May and Scheele concurring. Appellant attorneys: Rachel O. Webster, Bradley C. Lohmeier, Saeed & Little LLP, Indianapolis. Appellee attorney: David P. Friedrich, Wilkinson, Goeller, Modesitt, Wilkinson & Drummy, Terre Haute.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.