Flores v. Flores

The majority's affirmance of the granting of T.R. 60 relief to Janet Flores is premised upon the conclusion that to do otherwise would be to deny Janet her right to appeal the May 2, 1994 order of the trial court. The question is not whether Janet, by the unavailability of a record, was being denied the right to an appeal. The reality is merely that she has no basis in law to overturn that order.

The decision reached today ignores the agreement of the parties to be bound by the judgment which would result from the "hearing" procedure agreed to. Absent fraud or some clear defect upon the face…