Dennis Jack Horner v. Marcia (Horner) Carter - 1/10/13

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Thursday  January 10, 2013 
10:30 AM  EST

10:30 a.m. 34S02-1210-DR-582. Following a hearing on post-dissolution matters, the trial court held among other things that a provision of the parties’ mediated settlement agreement requiring monthly housing payments was in the nature of a property settlement, as opposed to maintenance. In affirming, the Court of Appeals held in part that the trial court erred in excluding evidence of communications made during mediation, which had been offered to prove that a mistake occurred in drafting the agreement, but held further that the exclusion of this evidence was harmless. Horner v. Carter, 969 N.E.2d 111 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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