Jolyn Hensley v. Daniel Lee Hensley (mem. dec.)
80A05-1611-DR-2567
| Ind. Ct. App. | Aug 28, 2017Background
- Daniel and Jolyn Hensley signed a property settlement agreement on May 15, 2015; the trial court incorporated it into a summary decree of dissolution on May 19, 2015.
- Jolyn (Wife) signed the agreement without counsel.
- On June 22, 2015, Wife filed a Rule 60(B)(3) motion for relief from judgment alleging fraud, misrepresentation, and other misconduct by Husband (e.g., concealment/withdrawal of investment funds, mishandling of real-estate and personal property, withholding rental income and child support, disputed sale of a boat, and coercive sexual conduct tied to withholding money).
- Husband moved to dismiss Wife’s Rule 60(B)(3) motion. The trial court granted the motion to dismiss and denied Wife’s motion to reconsider.
- Wife appealed, arguing the trial court abused its discretion by dismissing her Rule 60(B)(3) motion. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by dismissing Wife’s Rule 60(B)(3) motion alleging fraud, misrepresentation, or other misconduct | Wife argued her motion alleged extensive misrepresentations and misconduct by Husband warranting relief from judgment | Husband argued Wife’s motion failed to allege the elements of fraud/misrepresentation or a meritorious claim or defense under Rule 60(B)(3) | The court held Wife failed to allege actionable fraud, misrepresentation, or misconduct that would support relief; dismissal affirmed |
Key Cases Cited
- Munster Cmty. Hosp. v. Bernacke, 874 N.E.2d 611 (Ind. Ct. App. 2007) (defines "meritorious claim" standard in Rule 60 context)
- McCullough v. Archbold Ladder Co., 605 N.E.2d 175 (Ind. 1993) (standard for abuse of discretion review)
- Falatovics v. Falatovics, 72 N.E.3d 472 (Ind. Ct. App. 2017) (denial of Rule 60(B) motion reviewed as a refusal to set aside judgment)
- In re Paternity of Baby Doe, 734 N.E.2d 281 (Ind. Ct. App. 2000) (defines "meritorious defense" in Rule 60 context)
- Wheatcraft v. Wheatcraft, 825 N.E.2d 23 (Ind. Ct. App. 2005) (elements of actual fraud)
- In re Marriage of Bradach, 422 N.E.2d 342 (Ind. Ct. App. 1981) (failure to use counsel or experts to investigate prior to decree may undercut a later fraud claim)