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Jahangirizadeh v. Pazouki

Court of Appeals of Indiana

March 19, 2015

Parviz Jahangirizadeh, Appellant-Respondent,
v.
Fatemeh Pazouki, Appellee-Petitioner

Page 1179

Appeal from the Hamilton Superior Court. 29D02-0708-DR-900. Honorable Daniel Pfleging; The Honorable William P. Greenaway, Magistrate; The Honorable Wayne A. Sturtevant, Special Judge.

ATTORNEYS FOR APPELLANT: Ryan M. Spahr, Spahr Law Office, LLC; Eric J. Olson, Olson Law Office, LLC, Indianapolis, Indiana.

ATTORNEY FOR APPELLEE: Richard Ranucci, Indianapolis, IN.

Barnes, Judge. May, J., and Pyle, J., concur.

OPINION

Page 1180

Barnes, Judge.

Case Summary

[¶ 1] Parviz Jahangirizadeh appeals the trial court's dismissal of his motion to set aside the final decree dissolving his marriage to Fatemeh Pazouki. We affirm.

Issue

[¶ 2] The restated issue before us is whether the trial court properly refused to set aside the parties' dissolution decree based upon an allegation that Pazouki had failed to disclose marital assets prior to the decree's entry.

Facts

[¶ 3] In 2007, Pazouki filed a petition to dissolve her marriage to Jahangirizadeh. Shortly before the final hearing, Pazouki filed a financial declaration listing a number of assets. On May 23, 2008, the trial court entered a final dissolution decree that included orders regarding division of property, which required Jahangirizadeh to make an equalization payment of $57,513 to Pazouki.

[¶ 4] On May 7, 2014, Jahangirizadeh filed a " Motion to Set Aside" the dissolution decree under Indiana Trial Rule 60(B)(3) for fraud. App. p. 9. The motion alleged that thirty-five days after the decree was entered, Pazouki opened a business bank account with an initial deposit of $50,000. Jahangirizadeh claimed that, based on this deposit, Pazouki must have had assets that she failed to disclose during the ...


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