Henri v. Curto

I concur fully in the majority opinion, but write separately to address certain points made by the dissent.

First, with regard to Kirk’s affidavit, I note that for the allegations therein that fall within the parameters of Evidence Rule 606(b), we accept the allegations as true because the law requires us to do so. Curto did not file a response to Henri’s motion and did not controvert the claims made by Kirk in her affidavit; therefore, we must accept the contents of the affidavit as true. See op. at 141 (citing Jewell v. State, 624 N.E.2d 38, 42 (Ind.Ct.App. 1993)); cf. Evans v. Buffington…