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Tuesday, May 13, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)

For publication opinions today (0):

In Daylene M. (Atchison) Coleman v. Scott A. Atchison, a 10-page opinion, Judge Najam writes:

Daylene Coleman (“Wife”) appeals the trial court’s order dissolving her marriage to Scott Atchison (“Husband”) following a final hearing. Wife presents two issues for our review: 1. Whether the trial court abused its discretion when it denied her request for incapacity maintenance. 2. Whether the trial court abused its discretion when it divided the marital estate. We reverse and remand with instructions. * * *

Because we cannot reconcile the inherent inconsistency in the dissolution court’s conclusions both to grant and deny incapacity maintenance, pursuant to Cannon we remand and instruct the dissolution court either to award Wife incapacity maintenance or to identify specific extenuating circumstances directly related to the statutory criteria for awarding such maintenance that would justify denying the award. * * *

Here, as Wife points out, the dissolution court expressly found that Wife had rebutted the presumption of an equal division of the marital estate and that “a division of property weighted in [Wife]’s favor is warranted[.]” But despite that finding, the dissolution court divided the marital estate in half. The trial court’s judgment on this issue is not supported by its finding. This is clear error. On remand, we instruct the dissolution court to award Wife more than fifty percent of the marital estate consistent with its finding that Wife has rebutted the presumption of an equal division.

NFP civil opinions today (0):

NFP criminal opinions today (1):

Antonio Beaven v. State of Indiana (NFP)

Posted by Marcia Oddi on May 13, 2014 01:04 PM
Posted to Ind. App.Ct. Decisions