Notice reasonably calculated to apprise persons and unnamed successors of action

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Appellant-Defendant Thomas Grabowski (“Thomas”) appeals the trial court’s denial of his motion to set aside a default judgment entered in favor of Appellees-Plaintiffs Brian Waters and Richard Klare (collectively, “Plaintiffs”) in their action to quiet title to certain real estate previously owned by Thomas’s parents, Frank and Jane Grabowski (“the Grabowskis”). Upon appeal, Thomas claims that the default judgment is void for lack of personal jurisdiction due to improper service of process.

Conclusion (slip op. at 12):  The judgment of the trial court is affirmed.

Key Analysis (slip op. at 12):  Because the instant case involved tax-sale property previously owned by now-deceased persons lacking an estate or named representative, and given the Plaintiffs’ efforts to serve these persons and their unnamed heirs and successors in interest both at their last known address and by publication in the county where the property at issue is located, we agree with the trial court that such notice was reasonably calculated to apprise the persons and their unnamed successors in interest, including Thomas, of the instant action. This is so especially in light of the fact that the record lacks evidence demonstrating how a more diligent search would have revealed the identities or locations of interested parties.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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