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BOJRAB v. BOJRAB

No. 02S03-0308-CV-365.

810 N.E.2d 1008 (2004)

In re the Marriage of Julie Marie BOJRAB, Respondent (Appellant below), v. George David BOJRAB, Petitioner (Appellee below).

Supreme Court of Indiana.

June 28, 2004.

Attorney(s) appearing for the Case

Nana Quay-Smith, Karl L. Mulvaney, Candace L. Sage, Denise W. Chavis, Bingham McHale LLP, Indianapolis, IN, Attorneys for Appellant.

Stephen P. Rothberg, Fort Wayne, IN, Attorney for Appellee.

DICKSON, Justice.

In this appeal following a dissolution of the marriage, we hold (1) that a trial court may not order a prospective custody modification upon the happening of a future event but it may declare a present custody determination is conditioned upon the continuation of present circumstances, and (2) that a party does not waive the right to appeal from a provisional order for support or maintenance by failing...

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