*1 Admittedly, in the landowners this hand, authorizes On the other procedure. comply in case did not with this the appeal "as the in judgments from final the record demonstrates confusion appeals taken Indeed mind this lawyer's the part attempt comply To and an in civil actions." on their TR imply filing of a reasonably the the a motion to correct errors was event awaiting correct errors and motion to necessary or in the event it was not. proceeding with ruling upon it before uncertainty We find that the and under in is the manner appeal, since existing as to the standable confusion in appealed civil judgments employed propriate procedure per in actions. fecting appeal from the court's order an would, reasoning To follow a suf overruling objections constitutes express with the direction extraordinary inconsistent ficiently circumstance filing transcript, infra, prompt for a its inherent discre this court should invoke legislative purpose contrary to the appeal. tionary power to entertain the Lu court in Z M that such by found & ex rel. Lee gar v. State proceed expedited in fash- should Ryan Costanzi v. Accordingly, we at 1019. ion. 456 N.E.2d reference to "final believe is denied. The motion dismiss was contained in the statute judgments" that such an to denote merely intended JJ., concur. HOFFMAN appealable and the refer- then order was taking appeal the manner of ence to provisions of to invoke the concerning jurisdiction
AP 4 (The Appeals. statute
Court "to the appeal be taken
specifies that appeals.")
supreme court or appropri- conclude that the
We therefore appeal from the way proceed an ate with SABLE, Billie Lee (and appointing overruling objections order Respondent-Appellant, is as follows: appraisers) (10) entry of (1) days after Within ten appraisers the appointing the order SABLE, Petitioner-Appellee. Jean the trial court an party shall file with No. 64A03-8607-CV-196. bond; acceptable appeal Indiana, Appeals of Court (30)days filing thirty after Within Third District. appeal the record of bond filed (transcript) shall be proceedings April22,1987. Supreme with the Clerk (unless an ex- Appeals
and Court of time is se-
tension of such court to which the
cured from the taken);
appeal is accompanied transcript should be specify- assignment of errors an
with upon. AP errors relied
ing the
7.2(A)(1)(b). to cor- A TR 59 motion inappropriate.
rect errors appellate pro- the rules of Thereafter interlocutory ap- applicable to
cedure concerning briefing dead-
peals apply
lines, etc.
husband's survival was a necessary condi-
receipt
tion to
payments.
of future
Under
versions of
marriage
dis
solution act it seems clear the award could
See,
not be sustained.
e.g., Sadler v. Sad
ler
Ind.App.,
His
cox v. Hiscox
"(d) The term 'property' means all the assets of party either or parties, both including: A right to pen- withdraw benefits; sion or retirement right receive or re- tirement benefits that are not forfeited upon employment, termination of or that vested, as that term is defined in Section 411 U.S.C. Section [26 411] Code, Internal Revenue but that pay- able after the dissolution marriage; disposable receive re- tired or retainer pay, as defined in 10 1408(a), U.S.C. acquired during the mar- riage, may that is or payable after the dissolution marriage." Since the expressed no effec- date and contained no emergency clause, it upon became pro- effective mulgation of the Acts September
The wife commenced this action July hearing 1985. Final was had and the decree April 9, was entered 1986. Since dispute husband does not the court's power to enter the order made under the amendment, question is whether John Lyons, Lyons Truitt, M. Valpa- the court could properly apply that amend- raiso, for respondent-appellant. proceeding. The husband urges it could not. Eugene Ryding, Portage, C. petition- for er-appellee. One of the exceptions traditional general rule that operate
GARRARD, Presiding Judge.
prospectively is that a remedial statute
This is a marriage dissolution case in must be construed to effect the evident
husband
portion
purpose
for which it was enacted. Con
the final
awarding
decree
the wife half of
necticut Mut.
Ins. Co. v. Talbot
Life
received
275-176.
concurs.
J.
history of the defi
Considering the
files
BUCHANAN, J.,
and
dissents
Act
Dissolution
in the
property
nition of
opinion.
separate
courts,1
arewe
by the
interpretation
and its
1985
conviction
clear
led to the
dissenting.
BUCHANAN, Judge,
Ac
legislation.
remedial
is
amendment
Every amend-
respectfully dissent.
I
its
bene
was entitled
cordingly, the wife
Ret
necessarily remedial.
not
atory act is
deny some
application would
its
fit unless
recently amend
of the
application
roactive
right of the husband's.
vested
here,
81-1-
Ind.Code
involved
ed statute
course,
statute,
of
The
define
changed to
11.5-2(d),
which
the husband
rights between
to the
retire
to include
property
operates only
It
employer.
his former
and
The
benefits,
justifiable.
is not
may utilize.2
remedy the
to the
as
legislature is violated.1
intent of
parent
the court
to have
right was
Husband's
of
principles
long accepted
of the
One
just
in a
parties
of the
divide the
a stat
to consider
is
statutory construction
considering the
reasonable
and
may include
history, which
legislative
ute's
831-
'IC
in the statute.
enumerated
factors
or after
either before
passed
legislation
1-11.5-11.3
Fowler
Wright v.
enactment.
statute's
also
It is
App., 459
(1984),Ind.
his
right to have
He had no vested
considered
legislature
non-prop presumed
as
considered
of the courts
decisions
history and
not
precisely, as
erty, or more
at
matter of
subject
Al
separation.
prior to
acquired
v.
Petroleum
Stith
enactment.
of its
not
time
controlling, it need
be
though it is not
(1937),
of disso
Audit and Control
nature
Department
ignored
because
of
400,
517.
N.E.2d
5
might have
the wife
proceedings,
lution
declared,
can be
there
been
has often
property,
"As
define
original
did not
version
1. The
remedies,
they
provided
right in
no vested
require
vested
a
the Act
we construed
but
nugatory.
changed
rendered
as to be
not so
Hiscox, supra. The 1980
asset.
in an
interest
belongs
the reme-
whatever
is that
Hence it
property to
of
a definition
added
Legisla-
merely
control
dy
within the
pension or
present
to withdraw
include
ture,
that an
only
limitation
subject
benefits,
was inter
the definition
but
retirement
enforcing
of
mode
adequate
reasonable
prior deci
our
reflective of
preted as
provided or be
remain
must
Sadler, supra.
sions.
without sub-
contract
the value
leaves
impairment."
depreciation or
stantial
recognized that
law
under
2. Decisions
Department
Commerce
v.
Glick
of
impact
prospec-
consider
the court
74, 77;
16,
12,
also
see
N.E.2d
Ind.App.
387
determining
pay in
pensions
394,
392,
(1979),
Ind.App.
179
Speidel v. State
"just
manner"
and reasonable
was a
what
180, 182.
386
See Goodwill
dividing
parties'
assets.
other
Ind.App.
382 N.E.2d
restraints
issue of
v. Goodwill
1. No
here.
is raised
active laws
history surrounding this
Unless there
strong
compel-
statute does
suggest any
not
pur
remedial
ling reasons,
statutes
normally
will
pose for its recent amendment. Starting in
given prospective application. While
1970s,
the late
our courts held that marital
addressing
merely procedural
property, according to long-standing princi
and remedial matters may
applied
ples
law,
of Indiana
must consist of assets
retroactively, such application is not re-
parties
have a
vested
quired....
application is
[Rletroactive
interest.
See Hiscox v. Hiscox
the exception, and such laws are normal-
385 N.E.2d
trans. de
ly
prospectively absent
nied;
Savage
Savage
strong
reasons.
trans. denied.
Gosnell v. Indiana
Water Serv.
Soft
not only acquiesced in our
(1987),Ind.,
(emphasis
view marital property,
it enacted this
supplied). See also State ex rel. Mental
positive
view as
law. 1980 Acts Pub.L. No.
Health Comm'r v.
Estate
Lotts
180 1 (presently codified at
§
31-1-11.5-
*4
Ind.App. 347,
the former statute. The Indiana Supreme recently
gone even further. Even if a statute is nature,
remedial in retroactive
will be denied unless there are "compelling
reasons" to do so: