Gorman v. Gorman

871 N.E.2d 1019, 2007 Ind. App. LEXIS 1924, 2007 WL 2332419
CourtIndiana Court of Appeals
DecidedAugust 17, 2007
DocketNo. 26A01-0608-CV-362
StatusPublished
Cited by2 cases

This text of 871 N.E.2d 1019 (Gorman v. Gorman) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gorman v. Gorman, 871 N.E.2d 1019, 2007 Ind. App. LEXIS 1924, 2007 WL 2332419 (Ind. Ct. App. 2007).

Opinion

OPINION

MATHIAS, Judge for the panel.

In this purported appeal, Judith Gorman has attempted to relitigate matters that have been determined previously. Therefore, we dismiss with specific instructions as set out in the attached order.

ORDER

Appellant Judith Gorman (“Judith”) has two appeals pending before this Court, Cause Numbers, 87A05-0705-CV-283 and 26A01-0608-CV-362. In appeal 87A05-0705-CV-283, Judith has filed two motions. On May 22, 2007, Judith filed a Notice To Court And Motion to Compel Regarding Trial Court Clerk’s Failure to Timely Provide Notice of Completion of Clerk’s Record for the Appeal. On May 31, 2007, Judith filed her Verified Motion For Relief From Order For Plaintiff to Post Appeal Bond. Appellees have not replied to either pleading. The remaining appeal, 26A01-0608-CV-362, is fully briefed. Because both appeals seek review of similar issues, and can be disposed on the same grounds, we issue this joint order for Cause Numbers, 87A05-0705-CV-283 and 26A01-0608-CV-362.

The underlying facts are as follows. Judith and William Gorman were divorced in 1982. In 1984, Judith and William executed a modification of their original property settlement agreement (“Modified Agreement”). Under the terms of the Modified Agreement, William agreed to pay Judith a sum of money. The Modified Agreement also contained provisions regarding life insurance and undisclosed assets. Specifically, Subdivision (b) of the Modified Agreement provided:

“[William] agrees to make [Judith] the beneficiary of his life insurance policy provided by his present employer as of the date of the execution of this agreement, in the following amounts, to-wit:
Twenty Five per cent (25%) beneficial interest in the proceeds of said policy amount up to and including One Hun[1021]*1021dred Thousand Dollars ($100,000.00), but in no event less than Fifteen Thousand Dollars ($15,000.00), AND Fifty per cent (50%) beneficial interest in the proceeds of said policy amount over and above One Hundred Thousand Dollars ($100,000.00). [William] promises to keep said policy in full force and effect and not to borrow against the policy or encumber it in any way without the written consent of [Judith]. The policy shall be that policy as provided by [William]’s place of employment or a comparable policy in terms and benefits. Should [William]’s employer cease to pay the premiums, [William] promises to keep said policy in full force and effect. [William] promises also to provide a copy of the policy to [Judith] and to notify the policy agents of this arrangement and to notify [Judith] of any change in condition in the policy, its terms, its coverage, and the like. [William] further promises to provide yearly evidence of payment of premium.”

Subdivision (d) of the Modified Agreement provided that William and Judith agreed to equally divide any assets that had not previously been disclosed.

On April 30, 1998, Judith filed in the Gibson Circuit Court a Verified Motion for Contempt Citation and for Enforcement of Modified Decree. In that motion, Judith alleged that William was in contempt because he had failed to comply with the terms of the Modified Agreement in that he had not paid the sum of money and had not complied with Subdivision (b) regarding the life insurance policy. In August 1998, after William failed to appear for a hearing on Judith’s motion, the Gibson Circuit Court reduced to judgment the amount William owed Judith; the court did not, however, order William’s compliance with the provision of the Modified Agreement concerning life insurance.

In March 1999, Judith filed a pro se Complaint for Enforcement of Note in the Warrick County Superior Court. On August 9, 1999, the Gibson Circuit Court scheduled a hearing on Judith’s motion for proceedings supplemental to satisfy her judgment. As recounted by this Court in an unpublished memorandum decision:

“Prior to the hearing, the parties engaged in discussions, and the parties, by counsel jointly moved the court to continue the,hearing. After several hours of discussion, [Judith] signed a release of her claims against [William] in return for [William]’s promise to pay her $25,500 within ten days (Release). [William] did so, and [Judith] accepted and used the money to further a real estate transaction. [William] and [Judith] then jointly moved the trial court to dismiss the case, which it did on August 18, 1999.” Bates-Gorman v. Gorman, No. 26A01-0103-CV-78, slip op. at 2-3, 757 N.E.2d 229 (Ind.Ct.App. Oct.17, 2001), trans. denied (“Bates-Gorman II ”).

As further noted by this court in an earlier unpublished memorandum decision, the Release “purports to settle all matters stemming from the parties’ dissolution in Gibson County, the promissory note lawsuit pending in Warrick County, and life insurance matters.” Bates-Gorman v. Gorman, No. 87A01-0010-CV-332, slip op. at 2, 748 N.E.2d 447 (Ind.Ct.App. May 31, 2001), trans. denied (“Bates-Gorman I ”). Specifically, the Release provides, in pertinent part, as follows:

“In consideration of Twenty-five thousand and five hundred and seventy two and xx/100 Dollars ($25,572.00), payable within ten (10) days, Releasor [Judith] voluntarily and knowingly executes this Release with the express intention of effecting the extinguishment of obli[1022]*1022gations between the parties, including Gibson Co. cause # 26C01-8011-DR-0575 and Warrick Co. cause # 87D02-9903-CP^5 and life insurance issues.”

The Release contains a signature line on which Judith’s initials appear. Judith challenged the Release with a verified motion for relief from judgment pursuant to Trial Rule 60(B), which she filed in both the Gibson Circuit Court and the Warrick County Superior Court.

In Bates-Gorman I, an appeal from the Warrick County Superior Court, this Court affirmed the trial court’s denial of her motion for relief from the agreed judgment. In that appeal, Judith argued that she was entitled to relief because William had failed to fulfill their “secret agreement (the terms of which [Judith] [did] not disclose).” Id., slip op. at 4. Judith also argued that she was entitled to relief because she “did not fully understand the sweeping nature of the [R]elease” and because of the circumstances surrounding her signing of the Release. Id. This Court held that Judith and William had duped the trial court and their attorneys by entering into a “secret agreement,” which was contrary to the Release executed by the parties, and thus, Judith was not entitled to relief because she “actively participated in the circumstances that she contends led to an unintended result.” Id., slip op. at 5.

In Bates-Gorman II, an appeal from the Gibson Circuit Court, this Court again affirmed the denial of Judith’s motion for relief from judgment and the dismissal of her suit against William. In that appeal, Judith argued that the trial court had failed to give specific reasons for its decision and that she was denied the effective assistance of counsel. This Court rejected these arguments in turn, holding that the court was not required to enter special findings of fact and conclusions of law absent a request for such by one of the parties and that Judith had no right to the effective assistance of counsel in a civil proceeding. Id., slip op. at 3, 6.

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Cite This Page — Counsel Stack

Bluebook (online)
871 N.E.2d 1019, 2007 Ind. App. LEXIS 1924, 2007 WL 2332419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorman-v-gorman-indctapp-2007.