Vignola v. Vignola
39 A.3d 390
| Pa. Super. Ct. | 2012Background
- Nancy Vignola and Cort Vignola lived together since 1990 and had three children.
- Nancy filed a 2006 complaint for child and spousal support alleging a common-law marriage.
- A 4/9/07 conference concluded no common-law marriage due to lack of vows; 5/1/2007 interim order granted only child support.
- Nancy did not appeal or request de novo review of the 2007 order; divorce complaint filed in 2007 later purged in 2010.
- In 2011 Nancy filed for divorce again; Cort sought a declaratory judgment that no marriage existed.
- The trial court granted declaratory judgment based on collateral estoppel from the 2007 support order finding no common-law marriage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel barred divorce assertion | Vignola asserts issue not previously decided (no ceremony). | Vignola is collaterally estopped by 2007 order finding no marriage. | Collateral estoppel precluded relitigating marriage existence. |
| Can a support hearing officer decide existence of a common-law marriage | Issue should be resolved only via declaratory judgment under §3306.1. | Hearing officer findings can govern interim support and related issues. | Court relied on collateral estoppel; no further address needed. |
Key Cases Cited
- Catroppa v. Carlton, 998 A.2d 643 (Pa. Super. 2010) (issue preclusion; broader than res judicata)
- Perrotti v. Meredith, 868 A.2d 1240 (Pa. Super. 2005) (upholds de novo review when proper preservation occurs)
- Incollingo v. Maurer, 394 Pa. Super. 352 (Pa. Super. 1990) (definition of collateral estoppel doctrine)
- Manfredi Estate, 399 Pa. 285 (Pa. 1960) (ceremony requirement for common-law marriage discussion)