Proposed Qualified Domestic Relations Order (“QDRO”) presented for signature over twenty years after the entry of the settlement agreement was not time-barred.
M. Robb
Ind. Patient’s Compensation Fund v. Holcomb, No. 49A05-1207-CC-340, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Ind. Code § 34-18-18-1’s limitation that plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund does not apply to the assessment of damages caused by the tortfeasor or the calculation of excess damages of any type from the fund.
Atkins v. Veolia Water Indianapolis, LLC, No. 49A02-1302-CT-181, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2013).
The trial court did not abuse its discretion by denying the party’s request to file a belated appeal. Although counsel did not have actual knowledge of the order, counsel did have notice, which is a prerequisite to relief under T.R. 72(E).
Luttrell v. Luttrell, No. 49A02-1301-DR-85, __ N.E.2d __ (Ind. Ct. App., Sept. 12, 2013).
The trial court properly excluded a lump sum Social Security Disability Insurance payment from division as part of the marital estate.
Nationstar Mortgage, LLC v. Curatolo, No. 45A03-1211-MF-469, __ N.E.2d __ (Ind. Ct. App., June 18, 2013).
Court cannot modify a mortgage agreement without the consent of both parties participating in a settlement conference.