Jeffrey Winfrey v. State Indiana

HOFFMAN, J. Appellant-plaintiff Summit Account & Computer Service (Summit) appeals from a small claims courts decision setting aside a judgment against appellee-defendant Robert Hogge II d/b/a Rollin Tire, et al. (Hogge). In 1990, Summit filed a small claims action against Hogge seeking to recover an amount due on a NSF check written and/or cashed at White Swan Super Market and for overdrafts on an account with Fort Wayne National Bank. A default judgment was entered against Linda Hogge, who is not participating in this appeal. On July 2, 1990, the small claims court approved an agreed judgment entered into by Summit and Hogge. Subsequently, Summit filed a motion for proceedings supplemental on August 22, 1990. Summit also filed a garnishment order against Hogges bank account. Thereafter, Summit filed two additional motions for proceedings supplemental. On January 12, 1992, Summit filed another garnishment order against Hogge which was granted by the court. On January 13, 1992, William P. Fox filed his written appearance as counsel for Hogge and a motion entitled "Motion To Set Aside Default Judgement." A hearing was held on Hogges motion. On March 25, 1992, the court granted the motion stating in part: