Gerald E. Dusenberry v. Carolyn K‪.‬

Gerald E. Dusenberry ("Gerald") appeals from the trial courts order granting Carolyn E. Dusenberry ("Carolyn") partial relief from the division of property in their Decree of Marriage Dissolution ("Decree"). When the marriage was dissolved in 1989, Gerald and Carolyn were plaintiffs in a pending personal injury suit. After the suit was settled in 1991, Carolyn petitioned the trial court under Trial Rule 60(B) to modify or rescind that part of the Decree providing for an equal division of the net settlement proceeds from the suit. Carolyn asserted both that the judgment was void for lack of jurisdiction to divide the settlement and mutual mistake. Gerald contends on appeal that the trial court abused its discretion. We agree, and we reverse and remand with instructions.