Appellant failed to timely file appeals in debt collection suits

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UNPUBLISHED  — Companion Cases

Appellee filed suit against Frazier to collect a debt. The trial court entered a default judgment against Frazier. Following a proceeding supplemental, the trial court issued an order regarding garnishment of wages. Frazier did not file a notice of appeal within thirty days of either the default judgment or the order following the proceeding supplemental. Instead, Frazier filed a “Motion to Dismiss Proceedings Supplemental”. Following a telephonic hearing, the trial court denied Frazier’s motion. Frazier did not appeal that order. Frazier then filed two motions with the trial court requesting it to vacate the judgment and quash the proceedings supplemental. The trial court found that the motions were “an attempt to relitigate a prior motion filed and denied both motions. This appeal followed.

Conclusion (slip op. at 4):  Frazier failed to timely file both appeals and both dismissed.
Key Analysis (slip op. at 3): In this appeal, Frazier attempts to argue his initial motion to dismiss constituted a proper Indiana Trial Rule 60(B) motion. We disagree. Even if that motion was a properly made Rule 60(B) motion, the trial court denied it and any notice of appeal would have had to be filed within thirty days. Frazier’s subsequent attempts to vacate the judgment were merely repetitive and did not extend his time to file an appeal.

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