Bailey, J.
Case Summary
Community Health Network (“Community”) appeals the trial court’s denial of Community’s motion to correct error, which challenged the trial court’s order vacating upon appeal from the Decatur Township Small Claims Court (“the Decatur Township court”) an agreed judgment between Community and Pamela D. Bails (“Bails”) and dismissing Community’s case against Bails.
We reverse and remand with instructions
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The judgment underlying the motion to correct error purports to dismiss a small claims case filed by Community, which case had been resolved by an agreed judgment and garnishment of Bails’s wages. An agreed judgment “does not represent the judgment of the court. It is merely the agreement of the parties consented to by the court.” Mercantile Nat’l Bank of Ind. v. Teamsters Union Local No. 142 Pension Fund, 668 N.E.2d 1269, 1271 (Ind. Ct. App. 1996) (citing State v. Huebner, 230 Ind. 461, 104 N.E.2d 385, 387-88 (1952)). Thus, “absent fraud,” an agreed judgment is not appealable. Bemenderfer v. Williams, 745 N.E.2d 212, 215 n.2 (Ind. 2001).
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The judgment underlying the motion to correct error purports to dismiss a small claims case filed by Community, which case had been resolved by an agreed judgment and garnishment of Bails’s wages. An agreed judgment “does not represent the judgment of the court. It is merely the agreement of the parties consented to by the court.” Mercantile Nat’l Bank of Ind. v. Teamsters Union Local No. 142 Pension Fund, 668 N.E.2d 1269, 1271 (Ind. Ct. App. 1996) (citing State v. Huebner, 230 Ind. 461, 104 N.E.2d 385, 387-88 (1952)). Thus, “absent fraud,” an agreed judgment is not appealable. Bemenderfer v. Williams, 745 N.E.2d 212, 215 n.2 (Ind. 2001).
The agreed nature of the judgment at issue here compelled a result other than that reached by the trial court. While Community did not appear for trial or replead in compliance with the trial court’s order, the parties’ mutual decision to enter into an agreed judgment precluded appellate review—let alone the dismissal of the underlying case and a judgment against Community requiring its return of monies garnished in satisfaction of the judgment.
Based upon this, we conclude that the trial court erred when it dismissed Community’s case, vacated the agreed judgment, and ordered damages in favor of Bails. We accordingly reverse the judgment of the trial court, with instructions to reinstate the agreed judgment, vacate the judgment against Community, and proceed with this case in a manner not inconsistent with our decision today.
Reversed and remanded.
Bradford, J., and Altice, J., concur.