Wayne and Donna Kirchgessner v. Betty Kirchgessner, Albert Kirchgessner, Norbert Kirchgessner, Marcella Kirchgessner, Stephen Kirchgessner, Mary Ann Lee, Fred Kirchgessner

Vaidik, Chief Judge.

Case Summary

[1] Indiana Rule of Trial Procedure 60(B)(7) allows a court to grant relief from a judgment if (1) "the judgment has been satisfied, released, or discharged," (2) "a prior judgment upon which it is based has been reversed or otherwise vacated," or (3) "it is no longer equitable that the judgment should have prospective application." Rule 60(B) provides that a motion for such relief "shall be filed within a reasonable time." In this case, the trial court granted relief under the third clause of Rule 60(B)(7)-the "no longer equitable" provision-and the appealing…