Mathias, J.
Genia Wamsley (“Wamsley”) appeals the trial court’s order setting aside default judgment entered against Tree City Village and New Generation Management, Inc. (collectively “the Landlords”). Because we find that the trial court abused its discretion when it found that the failure to respond to the lawsuit by the Landlords was the result of excusable neglect, we reverse and remand.
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Because the Landlords did not respond to the complaint, Wamsley filed for default judgment on October 25. On November 10, the trial court entered default judgment against the Landlords and scheduled a damages hearing. Prior to the hearing, on February 15, 2017, Landlords filed motions to set aside the default judgment alleging that the failure to respond was due to excusable neglect and that they had a meritorious defense to the allegations.
On March 31, the trial court held a hearing on the motions to set aside default judgment. At the hearing, counsel for the Landlords argued that the Insurer was not aware of the complaint because Vick never provided the Insurer with a copy. Counsel further contended that the failure to respond constituted excusable neglect because Brandt did all she thought was required of her when she received the complaint. Vick responded,
Now, the idea of somebody looking at a complaint, seeing the summons, seeing that their company, of which they are president, is named in the complaint, responding to the complaint by a letter to opposing counsel and then not doing anything to follow up on that, I don’t think that that’s excusable neglect. I see that as willful ignorance.
Tr. p. 23.
On April 10, the trial court granted the Landlords’ motions in two one-sentence orders. Wamsley filed a motion to correct error on May 5, and the trial court denied it on May 31. Wamsley now appeals.
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We recognize that Vick did not send a courtesy copy of the complaint to the Insurer. However, Landlords’ counsel acknowledged at the hearing on the motion to set aside default judgment that “[a] courtesy phone call may have been unnecessary. A courtesy copy of the complaint to [the Insurer] may have been unnecessary.” Tr. p. 20. And even if Vick erred by failing to send a courtesy copy of the complaint to the Insurer, our supreme court made it clear in Boles that “counsel’s failure to notify the carrier of the entry of a lawsuit would not, standing alone, justify the trial court in setting aside the default judgment.” 449 N.E.2d at 290.
B. Landlords’ Assertion that they had Done all that was Required
Landlords acknowledge that Vick’s failure to notify the Insurer alone is insufficient to support setting aside default judgment. However, they contend that the failure to notify coupled with the Landlords’ belief that they had done all they needed to do with regard to the claim was sufficient to support the trial court’s order…
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Landlords cite to Whittaker, Flying J, and Coslett to support its claim that “there was an obvious breakdown between Landlords and their insurer” and that “Landlords believed they had done all they needed to do with the Complaint, since they informed Wamsley’s counsel of the perceived defects in the claim, had already forwarded Wamsley’s claim to their insurer, and since Wamsley[’s] counsel had already been in contact with Landlords’ insurer . . . .” Appellees’ Br. at 22. Based on the facts and circumstances before us, we disagree.
This was not an example of a breakdown in communication, but rather a complete lack of communication….
Even if we accept the Landlords’ contention that they are not “sophisticated litigants,” we certainly cannot say that the Landlords are “sympathetic defendant[s]”… Wamsley notes, “Landlords manage an apartment complex. To be entrusted with such management of real property indicates a level of sophistication.” Reply Br. at 27. We agree. While Landlords’ status as a litigant may not rise to the level of “savvy” and “sophisticated” as the bank described by our supreme court in Huntington National Bank, 39 N.E.3d at 658, they are certainly experienced with litigation and the judicial procedural process through eviction proceedings, if nothing else.
Simply put, it would be inaccurate to conclude, as our supreme court stated in Boles and implied in Whittaker, that Landlords “had done everything that apparently needed to be done” upon receipt of notice to secure representation and answer the complaint…Here, the Insurer was on notice that Wamsley would pursue and litigate all legal claims available. Appellant’s App. p. 63. And the Landlords were properly served with a complaint and summons and never consulted with the Insurer. Vick’s failure to send a courtesy copy of the complaint to the Insurer is insufficient on its own to set aside default judgment. See, e.g., Boles, 449 N.E.2d at 290. Landlords explain that they “never forwarded the Complaint to the insurer because they were unaware that the insurer was no longer being kept informed by counsel for Wamsley.” Appellees’ Br. at 27. While this may very well be true, it demonstrates a striking lack of attention by Landlords. Although Vick was doing his job by communicating with the Insurer about his client’s claim, he had no duty to notify the Insurer of the lawsuit. See, e.g., Boles, 449 N.E.2d at 290. Rather, Landlords’ “untimely response to service is wholly attributed to the defaulted part[ies’] inattentiveness,” and “[t]here was no true breakdown in communication between agents of the party that caused the part[ies’] failure to appear.” Huntington Nat. Bank, 39 N.E.3d at 657.
Therefore, while we are aware of the high level of deference accorded to trial courts in these decisions and the preference in Indiana for resolving cases on the merits, the Landlords’ inattention to the complaint and summons and their failure to consult with or discuss the suit with the Insurer may constitute neglect, but it does not constitute excusable neglect under Indiana Trial Rule 60(B)(1). See Smith, 711 N.E.2d at 1262; Huntington Nat. Bank, 39 N.E.3d at 658.
Conclusion
Based on the facts and circumstances before us, the trial court’s decision to set aside Wamsley’s default judgment against the Landlords for excusable neglect was an abuse of discretion. Accordingly, we reverse and remand to the trial court with direction to reinstate default judgment against Landlords and in favor of Wamsley.
Najam, J., and Barnes, J., concur.