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Rose v. Bozeman

Court of Appeals of Indiana

November 7, 2018

Jennifer Rose, Appellant-Respondent,
v.
William D. Bozeman, Sr., Appellee-Petitioner.

          Appeal from the Hamilton Superior Court The Honorable J. Richard Campbell, Judge Trial Court Cause No. 29D04-1708-DN-7220

          Attorney for Appellant Stephen R. Lewis Indianapolis, Indiana

          Attorney for Appellee Jack M. Freedman Fishers, Indiana

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Respondent, Jennifer L. Rose (Rose), appeals the trial court's Order on Appellee-Plaintiff's, William D. Bozeman, Sr. (Bozeman), motion to correct error with respect to the division of marital property in the parties' decree of dissolution of marriage.

         [¶2] We affirm.

         ISSUES

         [¶3] Rose presents us with two issues on appeal, which we restate as:

         (1)Whether the trial court abused its discretion by granting Bozeman's motion to correct error without specifying its reasons; and

         (2)Whether the trial court abused its discretion by adjusting the division of the marital estate.

         FACTS AND PROCEDURAL HISTORY

         [¶4] Bozeman and Rose married on July 7, 2017. They closed on the purchase of the marital residence located in Fishers in the amount of $499, 900 on July 19, 2017, and moved into the marital residence on July 28, 2017. Although Rose did not contribute any money towards the purchase of the residence, the house was titled in both parties' names. The parties separated on July 31, 2017, and Bozeman petitioned for a decree of dissolution on August 1, 2017, after twenty-four days of marriage. When the parties separated, Bozeman gave Rose $30, 000. Rose continued to live in the marital residence rent-free while the case was pending; Bozeman paid the taxes on the residence and the cost of painting necessary to sell the residence.

         [¶5] Including the money used to purchase the marital residence, Bozeman brought more than three million dollars of assets into the marriage. Other than the marital residence and the increase in value of assets during the marriage, Bozeman was awarded all the assets he brought into the marriage upon its dissolution.

         [¶6] On February 28, 2018, the trial court conducted a final hearing. On March 15, 2018, the trial court issued its decree of ...


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