Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Daniel Kay Beach v. Teresa Spiech, Trustee of the Dauby Family Trust
22A-TR-1779
Trust. Reverses and remands to determine the value of the home at the time of Carol Daubenspeck’s death so that the trust assets may be divided evenly between siblings, with Daniel Beach receiving the home as part of his distribution. Finds Beach’s right of first refusal gave him the choice to receive the home as part of his share of the trust if he so desired. Affirms the Hamilton Superior Court’s decision on all other grounds.
Steve Fulton v. Erin Fulton (mem. dec.)
22A-DC-1475
Domestic relations with children. Reverses the Madison Circuit Court’s order setting aside the property distribution portion of a dissolution decree and ordering the parties to “relitigate” the issue. Finds wife Erin Fulton’s request to modify the decree to incorporate an agreement requiring husband Steve Fulton to pay her $112,500 as part of the property division was untimely.
Roger Lawrence Smith v. Cynthia Smith-Young, Deborah Carroll, Angela Smith, and Christina M. Simmons (mem. dec.)
21A-PL-2535
Civil plenary. Reverses the grant of sisters Cynthia Smith-Young, Deborah Carroll, Angela Smith and Christina M. Simmons’ motion to correct error, which set aside a jury verdict in favor of Roger Smith in a breach of contract dispute; the order for a new trial on the sisters’ request for imposition of a constructive trust; and the entry of judgment in favor of the sisters for breach of fiduciary duty. Finds the Knox Circuit Court abused its discretion in granting the sisters’ motion to correct error. Remands with instructions to reinstate the jury’s verdict in favor of Roger.
Please enable JavaScript to view this content.