Kristina Jacobucci obtains appellate victory

On March 10, 2017, Kristina Jacobucci obtained an appellate victory in the Indiana Court of Appeals for a family law client in a dissolution proceeding.  The Indiana Court of Appeals decision reiterated the procedural requirements that must be followed when litigants file Trial Rule 60(B) motions while cases are pending on appeal.  In this particular case, while a dissolution decree was being challenged on appeal, Husband filed an Indiana Trial Rule 60(B) Motion for relief from the dissolution decree.  After the appeal was concluded and the case was remanded to the trial court, Wife filed a motion seeking to dismiss Husband’s Indiana Trial Rule 60(B) Motion on the basis that he failed to follow the proper procedures for initiating a Trial Rule 60(B) motion while an appeal was pending.  The trial court granted Wife’s motion, and Husband appealed.  In his appeal, Husband argued, in part, that Wife’s motion was barred by the doctrine of latches and/or invited error because of the amount of time that passed between the filing of Husband’s Trial Rule 60(B) Motion and Wife’s motion requesting to dismiss it.  However, the Court of Appeals maintained that, because Wife filed her motion within thirty (30) days of the date the trial court reacquired jurisdiction after the conclusion of the appellate process, neither doctrine applied.  Ultimately, the Court of Appeals acknowledged that following appropriate procedures to address Indiana Trial Rule 60(B) Motions while cases are on appeal is imperative to avoid duplicative review processes or the relitigation of issues.  This decision promotes the finality of judgments, and was consistent with the holdings in both Logal and Southwood.