APPELLATE COURT OPINIONS

This case involves the question of whether a custodial parent may claim the benefit of changes in the child support guidelines promulgated after trial on her Petition for Increased Child Support, but before the trial court filed its Final Order. Because those changes were not raised in the  proceedings below, we decline to act on them here. Instead, we remand  the cause to the trial court for further proceedings.

In this divorce case, Charles Edward Cutsinger (Husband) has appealed the trial court's judgment which awarded Laura Patricia Cutsinger (Wife) a thirty percent (30%) interest as a seller in the contract of sale of Husband's chiropractic practice. Husband also has appealed the trial court's ruling which ordered Husband to indemnify Wife for any judgment that might arise as a result of an indebtedness for a pleasure boat purchased during the marriage.

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.