Marcos Coronado v. Connie Coronado ( 2024 )

FILED
Sep 06 2024, 9:23 am
CLERK
Indiana Supreme Court
Court of Appeals
and Tax Court
IN THE
Court of Appeals of Indiana
In re: the Marriage of:
Marcos Coronado (Father),
Appellant-Respondent
v.
Connie Coronado (Mother),
Appellee-Petitioner
September 6, 2024
Court of Appeals Case No.
24A-DR-157
Appeal from the Lake Circuit Court
The Honorable Lisa Berdine, Magistrate
Trial Court Cause No.
45C01-1210-DR-793
Opinion by Judge May
Judges Vaidik and Kenworthy concur.
May, Judge.
Court of Appeals of Indiana | Opinion 24A-DR-157 | September 6, 2024 Page 1 of 10
[1] Marcos Coronado (“Father”) appeals the denial of the motion to correct error
that he filed following the trial court’s order striking Father’s “Verified Petition
to Emancipate, Modify Child Support[,] Custody & College Contributions and
Determine Arrearage” (“Child-Related Motion”). (App. Vol. II at 21) (original
formatting omitted). The trial court struck Father’s petition because he did not
comply with Lake County Family Law Rule 9 (“FLR 9”), which requires
petitions to include a statement confirming compliance with the party’s duty to
consult with the opposing party to attempt to reach a solution prior to seeking
relief in court. Father presents two issues, but we find one dispositive: Whether
the trial court abused its discretion when it struck Father’s Child-Related
Motion. We reverse and remand.
Facts and Procedural History
[2] Connie Coronado (“Mother”) and Father were married and have two children
together: M.C., who was born April 16, 2003; and S.C., who was born
September 28, 2005. On October 2, 2012, Mother filed for dissolution of
marriage. On January 10, 2013, the trial court issued its order dissolving the
parties’ marriage. 1 On July 27, 2021, Mother filed a motion to modify child
support and for post-secondary education expenses. The trial court held a
1
As this order is not before us, we do not know what the court initially ordered regarding child custody and
support.
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hearing on the matter on March 21, 2022, and issued its order the same day.
According to Father’s verified petition, that order stated, in relevant part:
11. Mother’s request for post-secondary education expenses for
[M.C.] is hereby GRANTED and retroactive to April 29, 2021.
12. The parties shall divide any and all out of pocket costs for
[M.C.’s] post-secondary education not covered by financial aide
[sic] 81% Father and 19% Mother. Pursuant to Mother’s Exhibit
5, as of March 21, 2022, Mother has expended the sum of
$2,500.00 for [M.C.’s] out of pocket post-secondary education
and therefore, Father shall reimburse Mother 81% of said costs,
or $2,025.00.
(App. Vol. II at 23.) 2
[3] On December 28, 2023, Father filed his Child-Related Motion, which in
conclusion requested the following relief:
[Father] prays that the Court, after notice of hearing & hearing,
declares the parties’ child, [M.C.], emancipated as a matter of
law & terminates the Child Support Order as it relates to [M.C.];
declares [M.C.] emancipated by operation of law; modifies the
Child Support Order for [S.C.]; modifies the college contribution
order for [M.C.]; orders a college contribution order for [S.C.];
modifies physical custody to reflect that [S.C.] now reside [sic]
with [Father] and modifies physical custody for [S.C.]
accordingly; and, determines an arrearage, if any; awards
[Father] reasonable attorney fees bringing [sic] this matter to the
2
We quote this language as presented in Father’s petition because Father also did not provide a copy of the
trial court’s 2022 order in his Appendix.
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Court’s attention; and, for any other relief the Court deems
proper and just in the premises.
(Id. at 24-5.) In his Child-Related Motion, Father stated he did not comply
with FLR 9 “in order to preserve [Father’s] right to retro-activity in accordance
with established Indiana case law regarding child support modification” and
because FLR 9(C) violated the Open Courts Clause found in Article 1, Section
12 of the Indiana Constitution. (Id. at 21.)
[4] On January 4, 2024, the trial court sua sponte issued an order striking Father’s
Child-Related Motion for “[n]oncompliance with [FLR 9].” (Id. at 20.) On
January 5, 2024, Father filed a motion to correct errors in which he argued his
statement of noncompliance with FLR 9 was sufficient to satisfy the
requirements of FLR 9(C) and, thus, the trial court should reconsider its order
striking that filing and, instead, schedule a hearing on Father’s Child-Related
Motion. On January 8, 2024, the trial court issued an order denying Father’s
motion to correct errors.
Discussion and Decision
[5] As an initial matter, we note Mother did not file an appellee’s brief. In such a
case, we need not develop an argument for her “but instead will reverse the trial
court’s judgment if [the appellant’s] brief presents a case of prima facie error.”
In re Adoption of E.B., 163 N.E.3d 931, 935 (Ind. Ct. App. 2021) (citation and
quotation marks omitted). Prima facie error means “at first sight, on first
appearance, or on the face of it.” Jenkins v. Jenkins, 17 N.E.3d 350, 352 (Ind.
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Ct. App. 2014). “Still, we are obligated to correctly apply the law to the facts in
the record to determine whether reversal is required.” Id.[6] Father appeals following the denial of his motion to correct error. Our standard
of review for a trial court’s ruling on a motion to correct error is well settled.
We generally review a trial court’s ruling on a motion to correct
error for an abuse of discretion. An abuse of discretion occurs
when the trial court’s decision is against the logic and effect of
the facts and circumstances before the court or if the court has
misinterpreted the law. However, where the issues raised in the
motion are questions of law, the standard of review is de novo.
Ind. Bureau of Motor Vehicles v. Watson, 70 N.E.3d 380, 384 (Ind. Ct. App. 2017)
(internal citations omitted). “Our review of the trial court’s ruling on [a]
motion to correct error necessarily involves review of the underlying order.” In
re Paternity of H.H., 879 N.E.2d 1175, 1177 (Ind. Ct. App. 2008). Here, that
underlying order struck Father’s Child-Related Motion for noncompliance with
FLR 9. A trial court’s striking of a motion is also reviewed for an abuse of
discretion. Williamson v. U.S. Bank Nat. Ass’n, 55 N.E.3d 906, 911 (Ind. Ct.
App. 2016).
[7] At issue is the meaning and application of a local rule promulgated by the Lake
County judiciary. Indiana trial courts have the authority to establish local rules
governing procedure in their courts as long as those local rules do not conflict
with rules established by our Indiana Supreme Court or statute. Gill v.
Evansville Sheet Metal Works, Inc., 970 N.E.2d 633, 645-6 (Ind. 2012). The rules
of statutory construction are applicable to the interpretation of trial rules.
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Carter-McMahon v. McMahon, 815 N.E.2d 170, 175 (Ind. Ct. App. 2004). “[O]ur
objective when construing the meaning of a rule is to ascertain and give effect to
the intent underlying the rule.” Id. Rules are to be construed together and
harmoniously whenever possible. Id. “Where a rule has not previously been
construed, the express language of the rule controls the interpretation. If the
language of the rule is clear and unambiguous, it is not subject to judicial
interpretation.” Id. (internal citation omitted).
[8] The trial court struck Father’s Child-Related Motion for “[n]oncompliance with
[FLR 9].” (App. Vol. 2 at 20.) That Rule states:
A. Duties Regarding Consultation. Except in emergencies or
when it might create a danger or substantial prejudice or is
otherwise unreasonable to do so, counsel and pro se parties shall
make a reasonable attempt to have a personal or telephonic
consultation to resolve any issue before filing or seeking any
other relief through the court. Counsel and pro se parties
contacted for a consultation shall make themselves reasonably
available for consultation. The duty of consultation shall be
continuing.
B. Substance of Consultation. In the consultation, counsel and
pro se parties shall:
(1) attempt to resolve all matters at issue;
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(2) confirm the parties’ compliance with FLR 5[ 3], FLR
6[ 4], FLR7[ 5] and FLR 8[ 6]; and,
(3) discuss the resources they believe the parents could use
to resolve current and future issues and to build
cooperation, including any resources listed in
Commentary E to FLR 8.
C. Cooperation Update--Mandatory. All motions and pleadings
other than the initial filings shall include a statement confirming
compliance with items (1) through (3), above, including the date
of the required personal or telephonic consultation; or, shall
recite the specific reasons for the lack of a consultation.
FLR 9 (footnotes added).
[9] Father’s Child-Related Motion explained:
1. That in accordance with [FLR 9], no attempts were made prior
to the filing of this pleading in order to preserve [Father]’s right
to retro-activity in accordance with established Indiana case law
regarding child support modification matters. See Taylor v.
3
FLR 5 requires all parties, with children under age 18, in dissolution, separation, and paternity actions to
complete work on parenting websites and then exchange “Commitments” adopted during that work. Lake
County Family Law Rule 5.
4
FLR 6 requires parties with children under age 18 in dissolution or separation cases to attend a co-parenting
class. Lake County Family Law Rule 6.
5
FLR 7 requires parties to certify completion of the requirements of FLR 5 and FLR 6 within 60 days of the
initial filing of a petition for dissolution or separation. Lake County Family Law Rule 7(A).
6
FLR 8 encourages parents to reach an agreed parenting plan that provides more than the minimum time
allowed under the Indiana Parenting Time Guidelines and, if agreement is not possible, requires parents to
prepare and exchange written “Parenting Plan Proposals.” Lake County Family Law Rule 8.
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Taylor, 42 N.E.3d 981, 986 (Ind. App., 2015)[, trans. denied] and
Beehler v. Beehler, 693 N.E.2d 638, 641 (Ind. Ct. App., 1998).
(App. Vol. II at 21) (errors in original). The page of Taylor to which Father
cites contains a statement of law indicating the trial court has discretion to
modify support back to the date the petition was filed, but not earlier than the
petition was filed. Taylor, 42 N.E.3d at 986. His citation to Beehler is to our
Court holding a trial court abused its discretion when it modified the support
obligation for an eleven-week period that occurred prior to the filing of the
petition to modify support. 693 N.E.2d at 641.
[10] The trial court found Father had not complied with FLR 9. However, Father’s
motion “recite[d] the specific reasons for the lack of a consultation.” FLR 9(C).
The plain meaning of that clause in FLR 9(C) is that there must be
circumstances in which a party may file a motion without engaging in the
consultation required by the other subsections of FLR 9. To determine what
those circumstances are, we look to the other subjections of FLR 9. FLR 9(A)
states the duty to consult does not apply “in emergencies or when it might
create a danger or substantial prejudice or is otherwise unreasonable to do so.”
Construing the subsections of FLR 9 together, as we must when interpreting
rules, see Carter-McMahon, 815 N.E.2d at 175, leads us to conclude a party can
comply with FLR 9 without consulting with the opposing party, only if their
“specific reasons for the lack of consultation” suggest an emergency or that
consultation will create danger, substantial prejudice, or unreasonableness.
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[11] The remaining question is whether the reason that Father provided for not
complying with FLR 9 met that standard. Father’s Motion indicated he filed
without consultation to preserve his “right to retro-activity[,]” (App. Vol. II at
21), and he provided citation to caselaw that demonstrated the date of filing of
the motion determined the start date of any modification of child support. As
Father asserts on appeal, delay in filing his Motion could lead to “substantial
financial prejudice.” (Br. of Appellant at 21.) Because the filing of a petition or
motion controls the date when a child support modification may start, Taylor,
42 N.E.3d at 986, we agree that it is “unreasonable” to prohibit Father from
filing his Child-Related Motion without first engaging in consultation. 7 See
FLR 9(A).
[12] While we appreciate and support trial court programs that encourage parties to
communicate and cooperate to resolve disputes that might otherwise bring
them to court, those programs ought not modify the date from which financial
relief from a prior order can be provided. Father complied with the intent
behind FLR 9 by explaining that he had not engaged in consultation because it
would delay his right to retroactive child support. We therefore hold the trial
7
We believe this to be especially true when, as here, the modifications being requested – child emancipation,
child custody, and child support – cannot become legally binding without a new court order. See, e.g., In re
Paternity of K.J.L., 725 N.E.2d 155, 158 (Ind. Ct. App. 2000 (“no agreement between parties that affects
custody, regardless whether it is the first instance or upon modification, is automatically binding on the trial
court”); and see Nill v. Martin, 686 N.E.2d 116, 117 (Ind. 1997) (agreement between parties modifying child
support obligations has no legal effect until the original support order is modified by the trial court); and see
Ogle v. Ogle, 769 N.E.2d 644, 647 (Ind. Ct. App. 2002) (agreement modifying the requirement that a party pay
post-secondary education expenses is not binding until the trial court modifies the original support order),
trans. denied.
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court abused its discretion by striking Father’s Child-Related Motion. 8 We
reverse and remand for Father’s Child-Related Motion to be recorded as filed as
of December 28, 2023.
Conclusion
[13] We hold the trial court erred when it issued an order to strike Father’s Child
Related Motion because Father complied with FLR 9. Accordingly, we reverse
and remand for proceedings consistent with this opinion.
[14] Reversed and remanded.
Vaidik, J., and Kenworthy, J., concur.
ATTORNEYS FOR APPELLANT
Debra Lynch Dubovich
Levy & Dubovich
Merrillville, Indiana
George P. Galanos
Galanos Law
Crown Point, Indiana
8
Father also argues FLR 9 violates Article 1, Section 12 of the Indiana Constitution, which in relevant part
states: “All courts shall be open.” However, we “must refrain from deciding constitutional questions unless
no non-constitutional grounds present themselves for resolving the case under consideration.” PNC Bank,
Nat’l Ass’n v. Page, 186 N.E.3d 633, 639 (Ind. Ct. App. 2022) (quoting Jones v. Jones, 832 N.E.2d 1057, 1059
(Ind. Ct. App. 2005)). As we resolve the case in Father’s favor based on interpretation of the FLR 9, we
refrain from addressing the constitutional question.
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