Martin v. Martin

The appellee-wife argues that where a property division is not equitable, an appellate court is duty-bound under App. R. 12 to modify the inequitable division. The appellant-husband contends that the appellate court’s modification was based solely upon the existence of a disproportionate division of property, and that such court is without jurisdiction to modify such a division, absent a showing that the trial court abused its discretion in dividing the property as it did.

Hence, the issue presented for our review is whether the trial court abused its discretion in its division of the marital…