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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
If you won the default in 9/14, when did the other side file their notice of appeal? You mention June, but is this the time they actually filed their appeal?
Also, when was the order signed denying their motion to vacate (set aside)?
On what date was the appeal filed? In Indiana the party would only have thirty days to file the appeal from the date on which the order being appealed was signed.
If the order was signed on April 14, then the appeal would have been due about May 14. That would mean he missed the time to appeal and the case should be dismissed so what you would file would be a Motion to Dismiss. In it you would allege that the appeals court would not have jurisdiction to hear the case. The same argument if he didn't timely pay the fee.
Also, be sure that they don't try to argue the merits of the original case. At this point they can only argue the points that support that a Motion to Vacate (Set Aside) should have been granted.
You still need to object because as a general rule the county can't just "give" someone a different time frame to appeal than the rules.
If your request to dismiss is denied then they still should only be able to argue the lower court erred on denying the Motion to Vacate, not all of the other points which should have been appealed back when the original judgment was entered.
If your motion to dismiss is granted then the case is over. The only thing that would be left to do is collect on the judgment and to do post-judgment discovery for that and that would be done in the small claims court.
Yes, any time you need me just start the new question with "FOR DWAYNE B ONLY" and post it in the general Legal category and I will pick up as soon as I see it.
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