· 7/31/2012
Sean Thomas Ryan v. Dee Anna Ryan
Citations
- 972 N.E.2d 359
- 90 A.L.R. 6th 755
- 2012 WL 3570393
- 2012 Ind. LEXIS 640
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the statutory proscription on the modification or revocation of property settlement agreements is unambiguous
- noting that “a court’s exercise of power under Trial Rule 60(B) is subject to the limitations of the substantive law” and that provisions of the Indiana Code limit a court’s power to modify a marital settlement agreement
- observing that a Trial Rule 60 motions seeking relief from a property settlement agreement should be viewed as a contract claim and that “[i]f there is a mutual mistake, contract law provides the rules for resolving it”
- “We think it unlikely that a court can invoke equity to overcome the mandate of a statute . . . .”
- A court must approach a property-division dispute as a contract dispute, subject to the rules of contract law
Source: CourtListener parenthetical corpus (CC0).
Judges: Sullivan, Dickson, Rucker, David, Massa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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