Moe v. Koe

Concurring Opinion

Sullivan, P.J.

I concur in the result reached by the majority opinion. Like Judges Buchanan and White, I conclude that it was not error for the trial court to refuse to grant the Trial Rule 60 Motion and that it was not error to refuse to *106set aside the judgment of January 24, 1972 determining paternity. I do so, however, solely upon the grounds that the evidence of record is sufficient to support a reasonable conclusion on the part of the trial court that Defendant appeared at the paternity hearing and consciously chose to proceed without counsel. In this, I believe the following testimony of record is of crucial import: “He [Defendant] said he didn’t want [an attorney] because he wasn’t the father of this child and he could prove it himself.”

Note. — Reported at 330 N.E.2d 761.