Sekerez v. Jasper County Farm Bureau Co-op Ass'n, Inc., 3-883A248
Decision Date | 05 January 1984 |
Docket Number | No. 3-883A248,3-883A248 |
Citation | 458 N.E.2d 286 |
Parties | Zarko SEKEREZ, d/b/a Rensselaer Legal Clinic, Appellant (Defendant Below), v. JASPER COUNTY FARM BUREAU COOPERATIVE ASSOCIATION, INC., Appellee (Plaintiff Below). |
Court | Indiana Appellate Court |
Mark R. Harris, Merrillville, for appellant.
Appellant Zarko Sekerez appeals from an entry of default judgment.
The only facts relevant to this appeal are as follows: On February 10, 1983, the Jasper Superior Court entered judgment of default against Sekerez. On April 4, 1983, Sekerez' attorney filed his motion to correct errors along with a motion for relief from judgment under Ind.Rules of Procedure, Trial Rule 60(B). The motion to correct errors was duly denied on May 6, 1983. On May 18, 1983, counsel filed a praecipe for withdrawal of submissions under Trial Rule 53.1(B), due to the court's failure to timely rule on the motion for relief from judgment. At the time Sekerez' brief was filed, the Supreme Court had not yet appointed a special judge.
Due to the holding of the Supreme Court of Indiana in Siebert Oxidermo, Inc. v. Shields, (1983) Ind., 446 N.E.2d 332, Sekerez presents no issue for this Court to review. The Siebert Court specifically held that:
(Emphasis added.) 446 N.E.2d at 337.
Sekerez' motion to correct errors was prematurely filed and is without effect. Without a ruling on the 60(B) motion, he is unable to perfect an appeal, since no error is thereby preserved.
Appeal dismissed.
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Maust v. Estate of Bair ex rel. Bair
...the Plaintiffs' motions for default judgment. See Siebert Oxidermo, 446 N.E.2d at 337; see also Sekerez v. Jasper County Farm Bureau Coop. Ass'n, Inc., 458 N.E.2d 286, 286 (Ind.Ct.App.1984) (dismissing the appellant's appeal from the trial court's entry of a default judgment because the app......
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Creedon v. Asher Truck & Trailer, Inc., 82A01-8810-CV-00319
...actions of the Master Commissioner, the final appealable judgment, was without legal effect. Sekerez v. Jasper County Farm Bureau Co-Operative Ass'n., Inc. (1984), Ind.App., 458 N.E.2d 286. The motion to correct error should have been filed within 60 days of the final judgment which was ent......
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Greer v. Discover Bank
...before us”); Maust v. Estate of Bair ex rel. Bair, 859 N.E.2d 779, 783 (Ind.Ct.App.2007) (same); Sekerez v. Jasper Cnty. Farm Bureau Co–op. Ass'n, Inc., 458 N.E.2d 286, 286 (Ind.Ct.App.1984) (same).[7] Greer did not file a Trial Rule 60(B) motion for relief from the trial court's entry of d......
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In re Estate of Carnes, 90A02-0511-CV-1082.
...of default judgment is not properly before us. See Siebert Oxidermo, 446 N.E.2d at 337; see also Sekerez v. Jasper County Farm Bureau Co-op. Ass'n, Inc., 458 N.E.2d 286, 286 (Ind.Ct.App.1984) (dismissing the appeal as prematurely filed because appellant directly appealed from a default judg......