45 A.3d 1194
R.I.2012Background
- John J. Tworog filed for divorce and a May 12, 2008 hearing occurred; final judgment entered August 28, 2008 granting John possession of the marital home for 2.5 years and requiring mortgage and bill payment.
- The final judgment allowed John to purchase Dolores M. Tworog's share and stated John waived Dolores's Civil Service Retirement Plan; other property went to the party in possession.
- Dolores moved for relief after final judgment on May 11, 2009 seeking court-ordered sale due to John’s missed mortgage payments; John moved to reopen alleging fraud/misrepresentation regarding Dolores's 401(k) assets.
- September 11, 2009 hearing denied John’s motion to reopen; court ordered John to become current on obligations and Dolores to pursue refinancing; John appealed and case was remanded on April 9, 2010.
- April 26, 2010 Dolores moved to adjudge John in contempt for exhausting a $6,000 line of credit; May 24, 2010 hearing held; June 16, 2010 contempt order issued; commissioner appointed to oversee sale; John appealed again and the cases were consolidated.
- On March 28, 2012, Rhode Island Supreme Court affirmed the Family Court orders and remanded the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the motion to reopen final judgment was correctly denied for fraud or misrepresentation | Tworog contends Dolores misrepresented 401(k) assets and the judgment was based on fraud. | Dolores argues John did not pursue discovery or DR-6 information and failed to demonstrate fraud; judgment was properly entered. | Denied; trial court did not abuse discretion; no evidence of fraud or misrepresentation to reopen. |
| Whether the contempt finding regarding the real estate was correct | Tworog claims the $6,000 line of credit did not encumber the real estate and was not contemptuous. | Dolores contends contempt for nonpayment and line-of-credit actions, which endangered the property. | Affirmed; contempt supported by failure to pay mortgages and line-of-credit conduct; any error in line-of-credit finding was harmless. |
Key Cases Cited
- Esposito v. Esposito, 38 A.3d 1 (R.I. 2012) (deferred review of findings of fact in divorce proceedings)
- Flynn v. Al-Amir, 811 A.2d 1146 (R.I.2002) (denial of motion to vacate or modify judgment within discretion)
- Ayriyan v. Ayriyan, 994 A.2d 1207 (R.I.2010) (contempt findings are within trial court's discretion)
- Nardone v. Ritacco, 936 A.2d 200 (R.I.2007) (standard for overturning contempt findings)
- Gorman v. Gorman, 883 A.2d 732 (R.I.2005) (power to review property settlement and inequitable agreements)