29 N.E.3d 170
Ind. Ct. App.2015Background
- West Boggs Sewer District sought to force Waglers to connect to its sewer system under Indiana Code § 8-1-2-125.
- Norman Wagler entered into an agreed judgment to connect; Nathan and Janet Wagler were similarly ordered to connect.
- The trial court found Norman in contempt for noncompliance and imposed fines and fees.
- A second contempt finding was entered against Norman; a separate contempt was entered against Nathan and Janet.
- Appellants challenged only the retroactivity of a 2012 amendment to § 8-1-2-125 as a collateral attack, and West Boggs sought appellate fees under Rule 66(E).
- The Indiana Court of Appeals affirmed contempt orders and remanded for appellate attorney’s fees to West Boggs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Collateral attack on judgments via retroactivity argument | Waglers rely on 2012 amendment to § 8-1-2-125. | Waglers contend retroactivity invalidates the judgments. | Collateral attack rejected; judgments valid; orders affirmed. |
| Award of appellate fees under Rule 66(E) | West Boggs entitled to fees for frivolous appeal. | Waglers’ appeal not meritorious. | Fees awarded; remanded for calculation. |
| Whether contempt orders were properly grounded in willful disobedience | Waglers willfully disobeyed valid orders. | Disobedience argued as collateral attack rather than contempt. | Contempt orders affirmed. |
Key Cases Cited
- Wagler v. W. Boggs Sewer Dist., Inc., 980 N.E.2d 363 (Ind. Ct. App. 2012) (affirmed contempt orders; appellate context on contempt)
- Martin v. Martin, 771 N.E.2d 650 (Ind. Ct. App. 2002) (collateral attack allowed only when lack of jurisdiction; otherwise contempt remedy applies)
- Heath v. Fennig, 219 Ind. 629, 40 N.E.2d 329 (Ind. 1942) (judgment as contract for Article 1, Section 24 protection)
- Thacker v. Wentzel, 797 N.E.2d 342 (Ind. Ct. App. 2003) (Rule 66(E) discretion; limits on awarding fees)
- Winslow v. Fifer, 969 N.E.2d 1087 (Ind. Ct. App. 2012) (defines civil contempt; willful disobedience concept)