ILNews

Man unable to prevent settlement agreement

Back to TopCommentsE-mailPrintBookmark and Share

The man who wanted to purchase a divorcing couple’s farm lacked a present interest in the real estate and couldn’t prevent a settlement agreement between the couple, which led to the husband keeping the farm, the Indiana Court of Appeals held.

In Joseph Meizelis v. Dana Durbin and Debra Durbin, 70A01-1112-DR-598, the appellate court affirmed Rush Circuit Special Judge Daniel Lee Pflum’s denial of Joseph Meizelis’ motion for relief from the agreed judgment between Dana and Debra Durbin on grounds he hadn’t been given notice of the agreement. Meizelis also had filed a lis pendens notice after the Durbins entered into the settlement agreement.

The couple was divorcing, and Meizelis offered to buy the farm. He was even permitted to intervene in the dissolution action. In a March 23, 2011, order, the trial court determined Dana Durbin could keep the farm property if he met certain financial obligations; if not, he could sell it to Meizelis. Dana Durbin filed a motion to correct error, and he and Debra Durbin reached a settlement agreement during the pendency of that motion.

The agreement was similar to the court order, but it did relax some of the obligations Dana Durbin had to meet if he wanted to keep the farm.

Meizelis argued that the agreed entry was void because it had been entered without his knowledge or consent. The trial court found that Meizelis had no present interest in the real estate and his lis pendens notice will be stricken, depending on the outcome of this appeal.

But the Court of Appeals upheld Pflum’s ruling, finding that Meizelis merely made an offer to purchase, but the Durbins never accepted it.

“Meizelis’s position appears to be that his interest arises from the fact that the trial court ordered Dana to sell to him if he could not meet certain financial obligations, but at no point was Meizelis under an affirmative obligation to do anything; the court’s orders were addressed to Dana, not Meizelis,” Judge Terry Crone wrote.

Meizelis could not prevent the Durbins from entering into a settlement agreement regarding the distribution of their property, he continued. The judges sent the case back with instructions to strike the lis pendends notice upon certification of the appellate opinion.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT