Second Chances, First Defenses: Relief from Judgment under Indiana TR 60(B)

By Emily B. Weidner, Associate Attorney

The Indiana Court of Appeals recently reaffirmed Indiana Trial Rule 60(B)’s requirement of a sufficiently alleged meritorious defense in order to grant relief from judgment.  In Groomingdale’s Pet Styling, Inc., 267 N.E.3d 1 (Ind. Ct. App. 2025) an injured customer sued three (3) adjoining stores for a slip and fall in the shared parking lot.  Service was not at issue but the pet store did not respond and default judgment was entered.  The pet store later moved to set aside the default judgment under Trial Rule 60(B) asserting: (a) excusable neglect from its insurance carrier’s breakdown in communication; (b) that it had no control over the parking lot, and as such, no duty to protect the customer; and (c) the possibility of comparative fault.  The trial court denied the motion and pet store appealed.

Trial Rule 60(B) provides various bases for a court to award relief from judgment however a movant must also allege a meritorious defense before relief can be granted under Trial Rule 60(B)(1) (excusable neglect), (2) (newly discovered evidence), (3) (fraud), (4) (service by publication only), or (8) (exceptional circumstances).  The burden for alleging a meritorious defense under the rule is submission of evidence making a prima facie showing that the result would be different if the meritorious defense is successful.  Here, the only evidence the pet store offered to support a meritorious defense was a portion of its lease agreement providing the parking lot was common area.  This conclusory statement was not evidence of a defense which, if proven, would lead to a different result in a negligence case.  Because the pet store failed to present any evidence to show the existence of a meritorious defense, there was no need to decide whether the pet store’s failure to timely respond to the lawsuit was caused by excusable neglect or any exceptional circumstances justifying relief.

Key takeaway from Groomingdale’s Pet Styling, Inc.is an Indiana Court cannot grant a motion for relief from judgment under Trial Rule 60(B) absent some evidence of a valid meritorious defense.