Cardinale v. Cardinale

• Decision Date: 09 January 2006
• Docket Number: No. 2004-58-Appeal.,2004-58-Appeal.
• Citation: 889 A.2d 210
• Parties: Joanne T. CARDINALE v. Norman A. CARDINALE.
• Court: Rhode Island Supreme Court

889 A.2d 210

Joanne T. CARDINALE v. Norman A. CARDINALE.

No. 2004-58-Appeal.

Supreme Court of Rhode Island.

January 9, 2006.

COPYRIGHT MATERIAL OMITTED

Maureen Gemma, Esq., Cranston, for Plaintiff.

James A. Bigos, Esq., for Defendant.

Present: WILLIAMS, C.J., GOLDBERG, FLAHERTY, and ROBINSON, JJ.

OPINION

Justice GOLDBERG, for the Court.

The plaintiff, Joanne T. (DiCarlo) Cardinale (Joanne), and the defendant, Norman A. Cardinale (Norman), are no strangers to the Rhode Island Supreme Court. During the last four years, the Cardinales repeatedly have come before us seeking emergency relief and filing petitions for writs of certiorari in connection with their bitterly contested, procedurally defective, bifurcated divorce proceeding. During that time, this Court has issued no fewer than thirty-five separate orders and granted six writs of certiorari. Indeed, if we administered a frequent flyer program, the Cardinales undoubtedly would be platinum members.¹

This current appeal was taken by Joanne from the entry of final judgment in Family Court.² Notwithstanding the procedural anomalies that will be addressed in this opinion, the scope of Joanne's appeal relates only to those issues that were contested after the parties were granted a divorce: equitable distribution, alimony, and child support. For the reasons that follow, we vacate the "Amended Judgment" and direct the entry of a new judgment in accordance with this decision.

Facts and Travel of the Case

The parties were married on June 28, 1981, in West Warwick, Rhode Island. They produced two children. Lauren was born on March 21, 1985, and Jordan was born on April 27, 1990. After the birth of their first child, Joanne gave up her job as a barber and became a full-time mother and homemaker. She bore the primary responsibility of child-rearing. Norman, a self-employed businessman, was responsible for the family income and finances.

Marital problems began in 1999; Joanne was diagnosed with breast cancer and began receiving chemotherapy and radiation therapy. At the same time, she alleges that Norman's behavior began to change. According to Joanne, Norman lost weight and began to dress differently, in addition to socializing with friends and employees more often. Norman acknowledged taking his young female office manager on trips and buying her jewelry. In April 2001, the parties separated,³ and Joanne initiated divorce proceedings on August 14, 2001, citing infidelity as grounds for divorce. She later amended her complaint to a claim of "irreconcilable differences."

On November 27, 2001, after a case-management conference with a justice of the Family Court, an order was entered directing that discovery be closed as of January 8, 2002. This was the first of innumerable orders that were disregarded. On January 29, 2002, another pretrial conference was held, and a Family Court justice ordered the trial set for March 27, 2002. This date passed without a trial.

In the months that followed, the parties repeatedly appeared in Family Court. Most appearances during the initial stages of this proceeding were devoted to Joanne's preliminary motions. Joanne had filed several motions seeking to compel Norman's compliance with court orders concerning support payments, the handling of marital assets, and outstanding discovery requests. These motions also typically included requests to adjudge Norman in contempt. Although the court would order Norman to comply with its orders and respond to Joanne's discovery requests, Norman never was adjudged in contempt and we can discern little or no judicial effort toward enforcement.

The original March 27, 2002 trial date was continued several times because of Norman's alleged failure to comply with discovery and, on occasion, by agreement of the parties. On December 3, 2002, the trial justice declared that no further continuances would be granted and that trial would be set for December 16, 2002,⁴ yet another trial date that passed. However, on December 16, 2002, several events occurred. The trial justice ordered Joanne's counsel to notify Norman's counsel, in writing, of all outstanding discovery requests and gave counsel one week to submit any additional interrogatories. Although the trial justice scheduled the next hearing for January 2, 2003, counsel for defendant requested that the proceeding be bifurcated. Without any findings about the appropriateness of this procedure, the court and the parties agreed to a bifurcated divorce.

Thus, on January 2, 2003, the divorce proceeding was bifurcated, and the parties embarked upon this long, painful, bitter dispute over the remnants of the marital estate. In an interlocutory decision pending entry of final judgment, both parties were granted an absolute divorce based on irreconcilable differences that caused the irremediable breakdown of their marriage. The parties were awarded joint custody of their two children, with Joanne having physical possession and Norman receiving all reasonable rights of visitation. Norman's support obligation was reduced from $800 to $400 per week. Lastly, the decision provided that the remaining issues of child support, equitable assignment of property, and alimony would be addressed at the next scheduled hearing. In sum, notwithstanding the significant unresolved discovery issues, a divorce was granted that purportedly became final on April 4, 2003.

In the interim, according to the papers filed with the Family Court, Joanne obtained new counsel, who filed two emergency motions: a motion to set aside the interlocutory decision pending entry of final judgment and, alternatively, a motion to stay the entry of final judgment. Counsel alleged that not enough information was disclosed in discovery to discern the nature and extent of the marital estate. Joanne also provided the court with a comprehensive accounting of the many prior orders that Norman had disregarded, including simple discovery requests. On April 4, 2003, the trial justice denied Joanne's motions and ordered the entry of "final judgment."

Joanne petitioned this Court for certiorari. However, because of the interlocutory posture of the proceeding, the parties agreed to voluntarily withdraw the petition, without prejudice, with the expectation that the remaining discovery issues would be resolved harmoniously. Such was not the case.

Joanne attempted to undertake additional and comprehensive investigation of Norman's assets and financial worth. This endeavor proved contentious; Joanne filed numerous motions to compel discovery and motions seeking to hold Norman in contempt with respect to prior discovery orders. Norman objected to these motions by challenging procedural defects in Joanne's discovery demands. This acrimony was compounded by the trial justice's failure to timely hear and decide these issues.

After becoming concerned that Norman had attempted to encumber certain marital assets to satisfy outstanding business loans for nonmarital property, Joanne sought an emergency restraining order from the trial justice. Norman objected to this motion and the pending discovery motions on the ground that he was unprepared for a hearing. The trial justice refused to hear and decide Joanne's request for emergency relief and her numerous outstanding discovery motions, including motions to adjudge Norman in contempt.

Joanne requested that the trial justice recuse himself from the proceeding. She alleged that the trial justice had vacated a temporary support order without notice or a hearing, and four weeks later, again without a hearing, reinstated half the original amount, in the interlocutory decision pending entry of final judgment.⁵ Joanne further alleged that the trial justice "has been unable or unwilling to control the [d]efendant or the proceedings" and that Joanne's ability to present her case and obtain an equitable distribution of the marital assets was compromised.

The trial justice initially denied the recusal request. However, after a discussion with the Chief Judge of the Family Court, the trial justice declared:

"I have had a discussion with the Chief Judge of this Court and the Chief Judge feels that [recusal] would be best served for all the parties because of the comments that were made in this courtroom today that it might prejudice me. And I indicated to him in my opinion that it would not. But he did not want this case jeopardized by any indication that the Court would, that the Court's judgment would be [clouded]. Therefore, on the recommendation of the Chief Judge of this Court, this matter is referred [] to [a different hearing justice]."

Thereafter, Norman and Joanne each filed petitions for writs of certiorari with this Court; both were granted. Norman sought review of the recusal order and Joanne sought review of the trial justice's refusal to grant her requested relief, including the denial of her emergency motion to prevent Norman from alienating marital assets while the proceeding still was pending.

This Court determined that the issue of recusal is a "judicial question that must be answered by the justice to whom the motion is directed and not the administrative chief judge of the Court." We remanded the case to the trial justice to consider the issue of recusal. We further declared:

"This case is remanded to the Family Court with directions to hear and determine all outstanding motions forthwith and to conduct an evidentiary hearing as expeditiously as circumstances permit."

Additionally, we noted that the court order restraining Norman from "conveying, encumbering or otherwise alienating any and all assets" remained in effect. This restraining order still is outstanding.

Once the case returned to Family Court, the trial justice issued another order declining to recuse from the proceeding. Unfortunately, the trial justice, speaking as "an officer of the court," chose to provide commentary about his view of this Court's lack of appreciation of his...