ILNews

Trial court didn't have personal jurisdiction over serviceman

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The Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal jurisdiction over the husband who was in the military overseas.

In In re: the marriage of Anthony J. Harris v. Teasha J. Harris, No. 49A04-0905-CV-256, Anthony Harris appealed the dissolution decree in which the court ordered custody of their child to his ex-wife, Teasha, that he pay child support and spousal support, and distributed the marital property. The trial court also denied his motion to correct errors.

Anthony is in the military; he and Teasha never lived in Indiana prior to their separation when she moved to Indiana and he was stationed in Germany. He declined to accept voluntary service of her notice of petition to dissolve the marriage in Marion Superior Court. He later filed for divorce and custody in a North Carolina court. Anthony didn't have an attorney for the Marion County proceedings and never attended them. The Indiana and North Carolina courts agreed Indiana would have jurisdiction.

After the dissolution order was entered, Anthony filed a motion to correct errors, which was denied. That was an error, the appellate court concluded because he didn't waive the claim of lack of personal jurisdiction based on his letter declining to accept voluntary service or the fact he was served in North Carolina, wrote Judge Elaine Brown.

The Marion Superior Court had jurisdiction to dissolve the Harrises' marriage, so the appellate court affirmed the decree of dissolution of the marriage. But the court didn't have jurisdiction to adjudicate the incidences of marriage or the child support. Anthony never lived in Indiana at any time during the marriage, so Indiana Trial Rule 4.4(A)(7) didn't apply, nor are there any sufficient contacts with the Marion Superior Court to establish personal jurisdiction over him.

The trial court also erred in making a determination as to custody of their child because it failed to follow the provisions of the Servicemembers Civil Relief Act prior to entering the decree, wrote the judge. In addition, the trial court failed to allow Anthony an opportunity to participate and present facts before the decision on which state had jurisdiction.

The appellate court remanded with instructions to comply with the provisions of the Servicemembers Civil Relief Act in the child custody proceedings and to make a decision on jurisdiction in accordance with the requirements of Indiana's Uniform Child Custody Jurisdiction and Enforcement Act.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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