Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori
150 A.3d 336
| Me. | 2016Background
- Marie J. (Marchiori) Eremita and Cristiano A. Marchiori divorced after a long marriage (no minor children); Eremita filed for divorce in 2012 on irreconcilable differences.
- Bangor District Court entered judgment on August 14, 2015 dividing assets/debts, awarding spousal support, and denying retroactive interim support and attorney fees.
- Eremita filed a single post-judgment motion purporting to seek (1) further findings of fact and conclusions of law under M.R. Civ. P. 52(b), (2) a new trial under M.R. Civ. P. 59(a), and (3) amendment or alteration of the judgment under M.R. Civ. P. 59(e).
- Rule 52(b) requires a motion for additional findings be filed within 14 days and must include the proposed findings and conclusions requested.
- Eremita’s motion did not include any proposed findings or conclusions as required by Rule 52(b).
- The district court denied her motion; Eremita appealed only the denial of that post-judgment motion to the Law Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court erred by denying request for further findings/conclusions under Rule 52(b) | Eremita argued the court should have supplied additional findings and conclusions | Marchiori argued the Rule requires the motion to include proposed findings and Eremita’s motion did not comply | Court affirmed: denial proper because motion failed to include the required proposed findings and conclusions |
| Whether the court erred in denying a new trial under Rule 59(a) | Eremita claimed errors warranting a new trial | Marchiori defended the judgment and trial court rulings | Not reached on merits; court found remaining contentions unpersuasive and did not address them further |
| Whether property division and spousal support calculations were erroneous | Eremita challenged division and support calculations | Marchiori defended court’s division and support awards | Not addressed on merits; appellate court found challenges unpersuasive |
| Whether denial of attorney fees was erroneous | Eremita sought attorney fees | Marchiori opposed fee award | Not addressed on merits; appellate court found challenge unpersuasive |
Key Cases Cited
- Dalton v. Dalton, 99 A.3d 723 (Maine 2014) (standard of review for denial of request for additional findings)
- Viola v. Viola, 109 A.3d 634 (Maine 2015) (standards governing post-judgment motions)
- Madore v. Me. Land Use Regulation Comm’n, 715 A.2d 157 (Maine 1998) (appellate review principles)
- Larochelle v. Cyr, 707 A.2d 799 (Maine 1998) (appellate standards for addressing claims)
Judgment affirmed.
