Gardiner v. Gardiner
| Decision Date | 29 April 2003 |
| Docket Number | No. 2002-176-Appeal, 2002-468-M.P.,2002-176-Appeal, 2002-468-M.P. |
| Parties | James B. GARDINER v. Muriel A. GARDINER. |
| Court | Rhode Island Supreme Court |
Present WILLIAMS, C.J., FLANDERS, and GOLDBERG, JJ.
Gregory P. Sirbello; Robert E. Flaherty, Warwick, for plaintiff.
Karen R. Ellsworth, Wakefield; Nancy Oliver, Wickford, for defendant.
In this case, we consider whether a Family Court justice abused his discretion by denying the motion of the defendant, Muriel A. Gardiner (Muriel), to find the plaintiff, James B. Gardiner (James), in contempt for failing to abide by the terms of two court orders. The orders directed James to specifically perform the terms of a property settlement agreement (agreement), which required him to provide health insurance for Muriel while he was employed by the State of Rhode Island (state). Muriel appealed from the Family Court's order finding that James was not in contempt. After a prebriefing conference that the parties attended, Muriel filed a petition for writ of certiorari out of concern that she may have improperly appealed from an interlocutory order.1 This case came before the Court for oral argument on March 3, 2003. After hearing the arguments of counsel, examining the memoranda filed by the parties and reviewing the record, we conclude that the Family Court justice erred by failing to findJames in contempt. Therefore, we grant Muriel's petition for certiorari and quash the order of the Family Court. We proceed to the merits of this case by way of Muriel's petition for writ of certiorari because her appeal is interlocutory and therefore, is not properly before us.
James and Muriel divorced on June 22, 1999. The final judgment of divorce incorporated but did not merge the agreement. Paragraph six of the agreement required James to continue providing health insurance to Muriel as required by the Rhode Island Insurance Continuation Act (the act), G.L. 1956 chapter 20.4 of title 27, or as long as he remained an employee of the state, whichever came later.2 In the event of a default, the agreement provided that legal fees could be recovered by the non-defaulting party.3 In February 2000, Muriel learned that her health insurance coverage had been terminated because James remarried. However, because James was still employed by the state, he still was obligated to provide health insurance pursuant to the agreement. Muriel, therefore, filed an emergency ex parte motion for specific performance. On February 24, 2000, the Family Court justice granted her motion, ordered James to reinstate Muriel's health insurance coverage and scheduled a later hearing with both parties present.
After James failed to restore the coverage, Muriel filed a motion to have him found in contempt, seeking damages and reinstatement of health insurance. On November 1, 2000, the Family Court justice again ordered James to reinstate Muriel's health insurance and scheduled a hearing on contempt for December 6, 2000.4 On December 2, 2000, James terminated his employment with the state, believing that it would relieve him of any further obligation under the court order to provide health insurance to Muriel.
James failed to appear at the hearing on December 6, 2000. His attorney did, however, send Muriel's attorney a copy of James's resignation letter to his state employer and indicated that because of the resignation he did not need to attend the December 6 hearing. At that hearing, the Family Court justice found James in contempt and ordered him to pay Muriel $5,549.50. That amount represented the aggregate out-of-pocket health insurance premiums Muriel paid because of James's default under the agreement, plus attorney's fees incurred in enforcing the agreement. James objected to the order.
On July 10, 2001, the Family Court justice held a hearing on James's objection, vacated the December 6, 2000 order and directed the parties to submit written briefs discussing the issues of contempt and damages. Finally, on February 22, 2002, the Family Court justice denied Muriel's motion to find James in contempt, reasoning that James was no longer obligated to provide medical insurance coverage pursuant to the agreement. An order reflecting that decision was entered on March 5, 2002. Muriel now seeks relief from this Court.
Muriel argues that the Family Court justice erred by failing to adjudge James in civil contempt in his March 2002 order. We agree. A trial justice's "[f]indings of fact in a contempt hearing will not be disturbed unless they are clearly wrong or the trial justice abused his or her discretion." Durfee v. Ocean State Steel, Inc., 636 A.2d 698, 704 (R.I. 1994). "[T]he inherent power of courts to punish for contempt of their orders has long been recognized by our jurisprudence." State v. Price, 672 A.2d 893, 898 (R.I.1996) (quoting E.M.B. Associates, Inc. v. Sugarman, 118 R.I. 105, 108, 372 A.2d 508, 509 (1977)). A finding of civil contempt must be based on a party's lack of substantial compliance with a court order, which is demonstrated by the failure of a party to "employ[] the utmost diligence in discharging [its] * * * responsibilities." Durfee, 636 A.2d at 704 (quoting Natural Resources Defense Council, Inc. v. Train, 510 F.2d 692, 713 (D.C.Cir.1975)). While criminal contempt punishes the contemnor for an act insulting or belittling the authority of the court, the purpose of civil contempt is to "coerce the contemnor into compliance with the court order and to compensate the complaining party for losses sustained." Biron v. Falardeau, 798 A.2d 379, 382 (R.I. 2002).
At the February 2002 hearing, the Family Court justice found that James was not in contempt because, at that time, he no longer was obligated to provide health insurance to Muriel pursuant to the agreement. Although this finding was accurate with respect to any future duties under the agreement, it patently overlooked James's outright failure to abide by the Family Court's earlier orders to reinstate medical coverage. Although James no longer was bound by the terms of the agreement at the hearing on February 22, 2002, he had been required to provide health insurance coverage to Muriel until December 2, 2000, the date he left state employment. The record reveals that at no time did James ever attempt to comply with either of the two Family Court orders to reinstate health insurance coverage. Thus, James was in contempt of those orders for approximately ten months before terminating his state employment. It is apparent that James's complete disregard of the orders during that...
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...by the failure of a party to `employ[ ] the utmost diligence in discharging [its] * * * responsibilities.'" Gardiner v. Gardiner, 821 A.2d 229, 232 (R.I.2003) (quoting Durfee, 636 A.2d at 704). Determining whether there has been substantial compliance with an order of the court, so as to av......
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...sense of urgency, on Pamela's part to do what was required of her to facilitate the court ordered accounting. See Gardiner v. Gardiner, 821 A.2d 229, 232 (R.I. 2003) ("A finding of civil contempt must be based on a party's lack of substantial compliance with a court order, which is demonstr......
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Sargent v. Sargent, C.A. PC08-1429
...sense of urgency, on Pamela's part to do what was required of her to facilitate the court ordered accounting. See Gardiner v. Gardiner, 821 A.2d 229, 232 (R.I. 2003) ("A finding of civil contempt must be based on a party's lack of substantial compliance with a court order, which is demonstr......
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