Court of Appeals of Indiana | Opinion 55A01-1509-CC-1488| January 29, 2016 Page 1 of 5

APPELLANT PRO SE

Carrie A. Greer

Martinsville, Indiana

ATTORNEYS FOR APPELLEE

Ian Septoski

Krisor & Associates

South Bend, Indiana

I N T H E

COURT OF APPEALS OF INDIANA

Carrie A. Greer,

Appellant-Defendant,

v.

Discover Bank,

Appellee-Plaintiff.

January 29, 2016

Court of Appeals Case No.

55A01-1509-CC-1488

Appeal from the Morgan Circuit 

Court

The Honorable Matthew G. 

Hanson, Judge

Trial Court Cause No.

55C01-1508-CC-1365

Najam, Judge.

Statement of the Case

[1] Carrie A. Greer appeals the trial court’s entry of default judgment against her 

and in favor of Discover Bank (“Discover”). Greer raises a single issue for our 

review, namely, whether the trial court erred when it concluded that Greer had 

been adequately served with a summons and Discover’s complaint against her. 
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However, because Greer did not follow the proper procedure for perfecting her 

appeal of this issue, we are obliged to dismiss the appeal.

Facts and Procedural History

[2] On August 5, 2015, Discover filed its complaint against Greer. In its 

complaint, Discover alleged that Greer had breached her credit agreement with 

Discover by not making timely payments on her outstanding balance. Discover 

alleged that Greer owed a principal balance of about $15,000. 

[3] On August 12, 2015, the Morgan County Sheriff’s Department served Greer 

with copies of the summons and complaint. According to the serving officer, a 

copy of the summons and complaint was “left in [the] door” at Greer’s address. 

Appellee’s App. at 3. However, Greer failed to appear or otherwise answer the 

complaint. Discover then moved for default judgment, which the trial court 

granted. In entering its judgment, the trial court stated that “it appear[s] to the 

court that the summons herein with the return endorsed thereon[] was issued.” 

Appellant’s App. at 9.

[4] Greer received a copy of the default judgment via regular mail. She then 

requested a stay of the default judgment so that she could pursue an appeal, and 

the trial court granted her motion to stay. This appeal ensued.

Discussion and Decision

[5] Greer contends on appeal that she was not adequately served with the 

summons and complaint and, therefore, the default judgment against her is 
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void. See, e.g., Anderson v. Wayne Post 64, Am. Legion Corp., 4 N.E.3d 1200, 1205 

(Ind. Ct. App. 2014), trans. denied. But, as Discover points out, Greer did not 

properly preserve her arguments for our review because she did not first file in 

the trial court an Indiana Trial Rule 60(B) motion for relief from judgment. 

[6] Indiana Trial Rule 55(C) states that “[a] judgment by default which has been 

entered may be set aside by the court for the grounds and in accordance with 

the provisions of Rule 60(B).” And Rule 60(B)(6) permits a party to move for 

relief from a default judgment “within a reasonable time” thereafter when, as 

Greer seems to allege here, that “judgment is void.” As the Indiana Supreme 

Court has made clear: “We hold the proper procedure . . . for setting aside an 

entry of default or grant of default judgment thereon is to first file a Rule 60(B) 

motion to have the default or default judgment set aside.” Siebert Oxidermo, Inc. 

v. Shields, 446 N.E.2d 332, 337 (Ind. 1983). Thereafter, an appeal may be taken 

from the trial court’s ruling on the Rule 60(B) motion. Id.; see also In re Estate of 

Carnes, 866 N.E.2d 260, 264-65 (Ind. Ct. App. 2007) (holding that the 

appellant’s attempt to appeal the entry of default judgment directly, and without 

first having filed a Rule 60(B) motion in the trial court, was “not properly 

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 default judgment against her. Accordingly, her appeal is not properly before 

us. Siebert Oxidermo, 446 N.E.2d at 337.
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[8] In her Reply Brief, Greer asserts that our dismissal of her appeal is based on a 

misreading of the court’s holding in Siebert Oxidermo. But Greer is incorrect; the 

court’s holding is plainly stated and has been relied on as such by this court on 

numerous occasions.1 Significant academic authority also agrees with this 

court’s application of Siebert Oxidermo. William F. Harvey, 3A Ind. Prac. § 

55.11, at 223 (3d ed. 2002) (“Rule 60 . . . must be used after the judgment by 

default is entered. If there is no trial on the merits, it alone is the method that a 

party who attacks the judgment must use.”).

[9] Indeed, Greer’s appeal demonstrates the wisdom of the Siebert Oxidermo

holding. In her attempt to prove her argument on appeal, Greer repeatedly 

asserts that Discover gave the trial court “false information” regarding service 

of process; that she had not been “notified in any way that there had been an 

action” against her in the trial court; that “[t]here has been nothing received at 

[her] address”; that her father lives with her and would have “be[en] there if 

anyone had attempted to deliver a summons.” Appellant’s Br. at 1, 5. These 

assertions are factual allegations that this court is in no position to assess on 

appeal. It is for the trial court to consider, in its discretion, the merits of Greer’s 

 

1

 Greer’s misunderstanding of the Siebert Oxidermo opinion relates to the court’s statement that “the holding 

we reach today does nothing to modify the rule that a Rule 60(B) motion may not be used as a substitute for 

a direct appeal based upon a timely Rule 59 Motion to Correct Error.” Siebert Oxidermo, 446 N.E.2d at 337. 

This statement means that a party cannot file a Rule 60(B) motion in an attempt to toll the time in which the 

party is required to file a notice of appeal or “to revive an expired attempt to appeal.” Snider v. Gaddis, 413 

N.E.2d 322, 324 (Ind. Ct. App. 1980) (agreed with in Siebert Oxidermo, 446 N.E.2d at 337). It does not obviate 

the court’s explicit holding regarding the “proper procedure . . . for setting aside an entry of default or grant 

of default judgment thereon . . . .” Siebert Oxidermo, 446 N.E.2d at 337.
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allegations, as well as whether Greer’s motion to set aside the default judgment 

was made within a reasonable time.2 Ind. Trial Rule 60(B); see Anderson, 4 

N.E.3d at 1205.

[10] In sum, we dismiss the appeal.

[11] Dismissed.

Riley, J., and May, J., concur.

 

2

 We note that our holding does not deprive Greer of the opportunity to obtain relief from an allegedly void 

judgment. Rather, our holding is simply that her attempt to remedy the alleged error first lies in the trial 

court through Trial Rule 60.