Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Messner v. Messner

Court of Appeals of Indiana

January 25, 2019

Thomas Virgil Messner, Appellant-Petitioner,
v.
Dawn Marie Messner, Appellee-Respondent.

          Appeal from the St. Joseph Circuit Court The Honorable John Broden, Judge Trial Court Cause No. 71C01-1408-DR-566

          ATTORNEY FOR APPELLANT Robert J. Palmer May Oberfell Lorber Mishawaka, Indiana

          ATTORNEY FOR APPELLEE Laura M. Longstreet South Bend, Indiana

          Riley, Judge.

         STATEMENT OF THE CASE

         [¶1] Appellant-Petitioner, Thomas Messner (Father), appeals from the trial court's Order granting the request of Appellee-Respondent, Dawn Messner (Mother), to be relieved from financial contribution for the post-secondary educational expenses of their daughter, Riley Messner (Riley).

         [¶2] We affirm. ISSUES

         [¶3] Father presents two issues on appeal, which we restate as:

(1) Whether the trial court assessed the evidence of repudiation pursuant to the correct legal standard; and
(2) Whether the evidence supported the trial court's determination that Riley repudiated her relationship with Mother.

         FACTS AND PROCEDURAL HISTORY

         [¶4] Mother and Father have two children born of their marriage, Riley, born on October 31, 1998, and a younger son. Mother also has a daughter, Taylor, from a previous marriage. Father and Mother separated in June of 2014 when Father was presented with proof of Mother's infidelity. Father filed for dissolution of the marriage on August 8, 2014. After the separation, Mother's relationship with Riley became strained, but the two remained in contact throughout 2014. Sometime in 2014, Father and the children met with Mother in a restaurant and gave her an ultimatum that she must end her relationship with her new partner if she wished to have any future relationship with her children. Mother did not accept that ultimatum. Attempts at family counseling to improve the relationship between Mother and her children failed when Riley ended the last session by walking out.

         [¶5] Mother and Riley communicated in 2015 mainly through texts and through Taylor as an intermediary. Most of the texts were initiated by Mother. Mother gave Riley gifts for major holidays and her birthday. Riley did not acknowledge these gifts or respond to Mother. Riley did not affirmatively tell Mother that she wanted a relationship with her, and she told her on more than one occasion that she did not wish to have a relationship.

         [¶6] On February 12, 2016, in response to a motion by Mother for temporary joint legal custody and parenting time, the trial court entered an order denying Mother both. The trial court found, after having held an in camera interview with Riley and her brother, that there was a "deep, seemingly bottomless rift between the children and Mother." (Appellant's App. Vol. II, p. 36). The trial court found that, because of the children's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.