FLCR: An Unpublished Memorandum Decision, But a Notable One

Case: John Lind v. Nancy Lind (mem. dec.)
by Mike Kohlhaas, Bingham Greenebaum Doll

This is an unpublished memorandum decision, but a notable one. The Decree awarded Husband a house that was subject to a mortgage. The Decree further provided that Husband “is ordered to attempt to have [Wife’s] name removed from the debt through a refinance of the home …. within 180 days.”  Husband made four efforts to do so, but was unsuccessful. Wife filed a contempt against Husband. After a hearing, the trial court did not find Husband in contempt, but instead issued a new order giving Husband another 180 days to remove Wife from the debt — or the house would be sold.

The Court of Appeals agreed with Husband that the trial court’s post-Decree order that provided for the possible sale of the house, if Husband could not refinance, was an impermissible modification of the terms of the original Decree.

To view the text of this opinion in its entirety, click here: John Lind v. Nancy Lind (mem. dec.)

 

_________________________________________________________________________________

James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Leave a Reply