Appellate Procedure Cases
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Appellate Procedure

Court of Appeals of Indiana
Uncategorized

Hicks v. Hicks — Contingent Sale Provision Creating 4%/96% Property Split Was Abuse of Discretion When Court Found Only a Slight Deviation Warranted

The Indiana Court of Appeals reversed a dissolution decree’s property division because a contingent forced-sale provision—triggered if the husband could not refinance the mortgage—would have awarded the wife 96% of the marital estate, dramatically contradicting the trial court’s own finding that only a slight deviation from equal division was warranted.

Court of Appeals of Indiana
Uncategorized

Blair v. Fields — GAL Report Ten-Day Deadline Runs on Calendar Days, Not Business Days; New T.R. 7(D) Governs Continuance Motions

The Indiana Court of Appeals affirmed a custody modification to Mother, holding that a GAL report filed electronically ten calendar days before a hearing was timely — the ten-day deadline runs on calendar days, not business days — and that Indiana’s new Trial Rule 7(D) requires continuance motions to include timing estimates or risk procedural denial.

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