Supreme Court

Family Case Summaries 2020

2020-24-A. In re Lucas D. (full briefing)

The respondent mother appeals from the termination of parental rights for her child based upon non-accidental injuries he received while in the care of respondent and Lucas’s father. The respondent contends that the trial justice overlooked and misconceived evidence and ignored or misconstrued relevant case law. More specifically, respondent challenges findings related to her awareness that Lucas’s father posed a danger, her response to Lucas’s medical needs, and her rejection of evidence that Lucas was physically abused by his father.

2020-28-A. Kenneth Leon v. Marysol Krikorian (show cause)

The defendant appeals from a Family Court decision denying her motion to relocate to the state of Florida with the parties’ minor child. On appeal, defendant claims that the trial justice ignored evidence that the plaintiff’s interest in his daughter was mercenary. She also contends that the trial justice ignored plaintiff’s “obstructive and nasty conduct” toward her and ignored the “uncontradicted evidence” she presented that relocation would benefit her economically. The defendant further claims that the trial justice ignored evidence that she would attempt to preserve the relationship between plaintiff and his daughter if she were allowed to relocate.

2020-49-A. Elida Mezini v. Leart Mezini (full briefing)
2020-50-A.

These consolidated appeals are before the Court from a decision pending entry of final judgment of divorce. In appeal No. 20-49-A., the defendant asserts that the trial justice erred: (1) in awarding the plaintiff 50 percent of the appreciation in value of the marital domicile; (2) in awarding plaintiff 50 percent of defendant’s interest in G.M. Realty Associates, LLC; (3) in assigning 100 percent of the Navigant home equity line of credit debt to defendant; (4) in awarding the entire state and federal income tax refunds in the amount of $20,524 to plaintiff; (5) in setting defendant’s child support obligation at $277 per week; and (6) in awarding plaintiff 100 percent of her retirement plan and her 2015 Toyota Highlander and in allowing her to claim the minor child as a dependent on both her federal and state income tax returns. In her cross-appeal, plaintiff asserts that the trial justice erred in failing to award her credit for a portion of the mortgage payments on the marital home made by defendant from marital monies.

2020-206-A. Marnee McCollum v. Daniel McCollum (full briefing)

The defendant appeals from a Family Court decision pending entry of final judgment, granting the complaint for divorce of plaintiff, and granting his counterclaim for divorce. Defendant’s claims on appeal focus on an attorney’s fees provision of a postnuptial agreement executed by the parties.