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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: LINDA STEMMER Husmann & Stemmer Union City. Indiana

ATTORNEY FOR APPELLEE DONALD H. DUNNUCK Muncie, Indiana

IN THE COURT OF APPEALS OF INDIANA
ERNESTINE WALDON and VIRGIE SMALL, Appellants-Defendants, vs. DONNA WILKINS, M.D., HEALTH OFFICER, DELAWARE COUNTY, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) ) )

No. 18A04-0604-CV-199

APPEAL FROM THE DELAWARE CIRCUIT COURT The Honorable Richard A. Dailey, Judge Cause No. 18C02-0509-MI-53

December 29, 2006 MEMORANDUM DECISION - NOT FOR PUBLICATION

VAIDIK, Judge

Case Summary Ernestine Waldon ("Waldon") and Virgie Small (collectively "Defendants") appeal the trial court order allowing the Delaware County Health Department to remove Defendants' mobile home and personal property from a piece of Defendants' real estate. Finding that Defendants waived their challenge to the trial court's personal jurisdiction over them, that the trial court's entry of judgment against Defendants did not violate Defendants' due process rights, that the trial court did not abuse its discretion in entering a demolition order, and that the trial court's order did not result from the misconduct of a party adverse to the Defendants, we affirm. Facts and Procedural History Defendants owned a mobile home located at 12220 North 600 West in Gaston, Delaware County, Indiana ("Property"). On August 29, 2005, the Delaware County Health Department posted two notices at that address. The first was captioned

"OFFICIAL NOTICE: ABATEMENT ORDER OF UNLAWFUL CONDITION." Appellee's App. p. 1. The notice stated: "You are hereby notified that the Delaware County Health Officer, and her designated representative have determined that a condition exists on the [Property] which may transmit, generate or promote disease, pursuant to [Indiana Code

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