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Lockhart v. Guyer

COURT OF APPEALS OF INDIANA
Mar 8, 2012
No. 29A02-1103-DR-208 (Ind. App. Mar. 8, 2012)

Opinion

No. 29A02-1103-DR-208

03-08-2012

JAMES R. LOCKHART, JR., Appellant-Respondent, v. LISA (LOCKHART) GUYER, Appellee-Petitioner.

ATTORNEY FOR APPELLANT : RUSSELL T. CLARKE, JR. Emswiller, Williams, Noland & Clarke, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE : MICHAEL G. RUPPERT JAIMIE L. (ZIBROWSKI) CAIRNS Ruppert & Schaefer, P.C. Indianapolis, Indiana


Pursuant to Ind. Appellate Rule 65(D), this

Memorandum Decision shall not be

regarded as precedent or cited before any

court except for the purpose of establishing

the defense of res judicata, collateral

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT:

RUSSELL T. CLARKE, JR.

Emswiller, Williams, Noland & Clarke, P.C.

Indianapolis, Indiana

ATTORNEYS FOR APPELLEE:

MICHAEL G. RUPPERT

JAIMIE L. (ZIBROWSKI) CAIRNS

Ruppert & Schaefer, P.C.

Indianapolis, Indiana

APPEAL FROM THE HAMILTON SUPERIOR COURT

The Honorable Daniel J. Pfleging, Judge

The Honorable William P. Greenaway, Magistrate

Cause No. 29D02-0605-DR-479


MEMORANDUM DECISION ON REHEARING - NOT FOR PUBLICATION

KIRSCH , Judge

On December 20, 2011, this court issued an unpublished memorandum decision in Lockhart v. Guyer, No. 29A02-1103-DR-208 (Ind. Ct. App. Dec. 11, 2011). In that memorandum decision, we addressed the following three issues: (1) whether the trial court erred when it granted Lisa (Lockhart) Guyer's ("Wife) petition for accounting and enforcement of the parties' decree of dissolution; (2) whether the trial court erred in failing to include in its order the parties' stipulation regarding James R. Lockhart, Jr.'s overpayment of child support; and (3) whether the trial court erred in awarding Wife attorney fees in the amount of $20,000.

Wife has filed a Petition for Rehearing regarding the following language, which was included in our memorandum decision under issue three: "We instruct the trial court to enter findings consistent with Indiana Code section 34-52-1-1(b), Professional Conduct Rule 1.5(a), and relevant caselaw regarding the basis, if any, for awarding attorney fees and for the specific amount of such fees." Lockhart, No. 29A02-1103-DR-208 at *7. We grant Wife's petition for rehearing for the sole purpose of removing the citation to Indiana Code section 34-52-1-1(b) in the above-quoted language and inserting in its place a citation to Indiana Code section 31-15-10-1. We affirm our memorandum decision as to the remaining two issues and in all other regards. BAKER, J., and BROWN, J., concur.


Summaries of

Lockhart v. Guyer

COURT OF APPEALS OF INDIANA
Mar 8, 2012
No. 29A02-1103-DR-208 (Ind. App. Mar. 8, 2012)
Case details for

Lockhart v. Guyer

Case Details

Full title:JAMES R. LOCKHART, JR., Appellant-Respondent, v. LISA (LOCKHART) GUYER…

Court:COURT OF APPEALS OF INDIANA

Date published: Mar 8, 2012

Citations

No. 29A02-1103-DR-208 (Ind. App. Mar. 8, 2012)