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Supreme Court

Family Case Summaries 2010
 

 

2010-409  Gail Bober v. David Bober                                                          (full briefing)
2011-108

This case is before the Court on the appeal and cross-appeal of former spouses from a decision pending entry of final judgment of divorce.  The defendant asserts that the trial justice erred in awarding alimony and child support, and in his distribution of the marital estate.  The plaintiff argues that the trial justice erred when he failed to award her attorney’s fees and interest on marital property, and in his decision regarding health care coverage for plaintiff. 

 

2010-267-A.,  Jo-An Krivitsky v. Brian Krivitsky                                           (show cause)
2010-415-A.


The defendant appeals pro se from Family Court orders authorizing the commissioner in this action to sell his real property.  The defendant contends that the Family Court did not have jurisdiction to enter the orders in question because this Court had stayed the action.  The defendant also contends that one of the orders was improperly entered by a Family Court magistrate who had recused himself from the action.  The defendant additionally argues that the Family Court judge misconstrued a Family Court order as permitting the commissioner to sell the defendant’s property.  The defendant further asserts that the Family Court judge had no basis for ordering his property sold at a certain price and failed to address the amount of the defendant’s child support arrearage prior to ordering the sale of the property.

 

2010-040-A.  Gamron v. Gamron                                                                 (show cause)

 

Plaintiff appeals from a decision pending entry of final judgment in this action for divorce from defendant.  The only issue raised in plaintiff’s 12A statement is her challenge to the method for calculating the appreciated value of real property in California for purposes of equitable distribution under Rhode Island General Laws § 15-5-16.1(b).   

 

2010-182-A. Michael D. Bloschichak v. Dianne F. Bloschichak                    (show cause)

 

The plaintiff appeals from a post-judgment order, granting the defendant’s motion to compel enforcement of a marital property settlement agreement (PSA), and ordering plaintiff to pay defendant a sum equal to the benefits she would have received, plus arrearage, if defendant had retired on the first date he was first eligible to do so. The plaintiff also appeals from the denial of his motion to vacate.  On appeal, the plaintiff argues that the hearing justice erred in failing to consider the equities in regard to defendant’s income and expenses, given that the record did not establish defendant’s ability to pay the arrearage, and further alleges that defendant’s counsel at the time of the entry of the divorce decree “was paid unethically and against the ethics code by both parties.”

 

2010-193-A. In re Frances G.                                                                         (show cause)        
  
The respondent juvenile appeals from a Family Court adjudication of waywardness based upon vandalism.  On appeal she argues that an eyewitness’s out-of-court statement was inadmissible hearsay and that respondent’s statements made to the police before and after she received Miranda warnings should have been suppressed. 

 

No. 10-211-A   Steven Palin v. Joanne Palin   

 

Defendant appeals from an amended decision pending entry of final judgment of divorce from the plaintiff.  On appeal, defendant argues that the trial justice erred in finding that certain student loans taken out for the benefit of the parties’ two children were not marital debt and that the obligation to pay off these loans rests solely with the defendant.

 


2010-233-A. Beth DePrete v. Michael DePrete                                               (show cause)  

    

Before the Court is plaintiff’s appeal from a Family Court order denying her request to relocate the parties’ two minor children to Texas.  Plaintiff contends that the trial justice abused his discretion, overlooked or misconceived the evidence, and was clearly wrong in finding that it is not in the best interests of the children to allow them to relocate to Texas.  Plaintiff also claims that the trial court erred in failing to properly apply the criteria set forth in this Court’s decision in the case of Dupré v. Dupré, 857 A.2d 242 (R.I. 2004), to determine whether relocation serves the children’s best interests.

 

No. 10-387            In Re Jazlyn P.                                                                     (show cause)

 

The respondent father appeals from a decree in the Family Court terminating his parental rights to his daughter.  The respondent contends that the hearing judge erred in admitting certain medical reports which contained hearsay within hearsay.  The respondent also contends that there was insufficient evidence at trial to indicate that he committed or allowed to be committed conduct which was cruel and abusive towards his son or his daughter. 

 

No. 10-328            Joseph Esposito v. Sharon Esposito                                   (full briefing)

No. 10-233            Beth Deprete v. Michael Deprete                                         (show cause)

No. 10-211            Steven Palin v. Joanne Palin                                                (show cause)

No. 10-193            In Re Frances G.                                                                  (show cause)

No. 10-182            Michael Bloschichak v. Dianne Bloschichak                        (show cause)

No. 10-40              Jennifer Gamron v. Michael Gamron                                    (show cause)

  
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