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Wells Fargo Bank, N.A. v. Dechert

Court of Appeals of Indiana

June 18, 2014

WELLS FARGO BANK, N.A., Appellant-Defendant,
v.
EDWARD P. DECHERT, TRUSTEE OF THE BANKRUPTCY ESTATE OF JOHN E. SMITH, Appellee-Plaintiff, and ISLEY'S PLUMBING, INC., Appellee-Cross Plaintiff

APPEAL FROM THE HOWARD SUPERIOR COURT. The Honorable Brant J. Parry, Judge. Cause No. 34D02-0910-PL-1191.

ATTORNEY FOR APPELLANT: MATTHEW S. LOVE, Feiwell & Hannoy, PC, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE EDWARD P. DECHERT: BETH A. MACDONALD, Davis & MacDonald Law Firm, Kokomo, Indiana.

KIRSCH, J., and MAY, J., concur.

Page 263

OPINION

BAILEY, Judge

Case Summary

Wells Fargo Bank, N.A. (" Wells Fargo" ), as successor in interest to Washington Mutual Bank, F.A. (" Washington Mutual" ), appeals the trial court's denial of its motion to set aside default judgments against it in favor of Edward P. Dechert (" Dechert" ), as bankruptcy trustee for John E. Smith Builders Inc. (" Smith" ), and Isley's Plumbing, Inc. (" Isley" ).

We affirm.

Issues

Wells Fargo raises several issues for our review. We restate these as whether the trial court abused its discretion in denying Wells Fargo's motion to set aside the default judgments because:

I. Dechert and Isley abandoned the default judgments as a result of amended pleadings, thereby vacating the default judgments;
II. Certain pleadings were not properly served upon ...

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