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Welton v. Midland Funding, LLC

Court of Appeals of Indiana

September 18, 2014

CHERYL WELTON, Appellant-Defendant,
v.
MIDLAND FUNDING, LLC AS ASSIGNEE OF CHASE BANK USA, NA AS ISSUER OF DISNEY CONSUMER CREDIT CARD, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Patrick L. McCarty, Judge. Cause No. 49D03-1201-PL-563.

ATTORNEY FOR APPELLANT: BRIANE M. HOUSE, House Reynolds & Faust, LLP, Carmel, Indiana.

ATTORNEY FOR APPELLEE: CHRISTOPHER M. MANHART, Bowman Heintz Boscia & Vician, P.C., Merrillville, Indiana.

BARNES, Judge. FRIEDLANDER, J., and MATHIAS, J., concur.

OPINION

Page 354

BARNES, Judge

Case Summary

Cheryl Welton appeals the denial of her Indiana Trial Rule 60(B) motion for relief from judgment granted to Midland Funding LLC (" Midland" ). We affirm.

Issue

Welton raises four issues, which we consolidate and restate as whether the trial court properly denied her motion for relief from judgment.

Facts

Welton had a credit card issued by Chase Bank, USA, N.A., with an unpaid balance of $4,518.95. The account was assigned to Midland. On December 7, 2011, Midland filed a small claims action in Marion County to collect the debt, and the matter was then transferred to the trial court. A complaint was filed on January 17, 2012, and Welton failed to respond. Default judgment was entered against Welton on March 15, 2012. On March 23, 2012, Welton filed a Trial Rule 60(B) motion for relief from judgment in which she alleged that she had not received a copy of the complaint and that the obligation was satisfied in 2010 in a compromised amount. On August 27, 2012, the trial court granted Welton's motion for relief from judgment. Welton then filed an answer to Midland's complaint.

On September 14, 2012, Midland filed a motion for summary judgment. On October 1, 2012, Welton sought an extension of time to respond while discovery progressed and was given until December 14, 2012. On December 13, 2012, Welton sought another extension of time, specifically requesting that she have until January 14, 2013, to respond, and the trial court granted her request. Welton did not respond by January 14, 2013, and on January 22, 2013, the trial court granted Midland's motion for summary judgment.

On January 30, 2013, Welton filed a second motion for relief from judgment under Trial Rule 60(B)(1). The motion ...


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