DiMattia v. DiMattia
| Decision Date | 14 January 2000 |
| Docket Number | No. 99-161-A.,99-161-A. |
| Citation | 747 A.2d 1008 |
| Parties | Virginia M. DiMATTIA v. Philip A. DiMATTIA. |
| Court | Rhode Island Supreme Court |
Jerry L. McIntyre, Providence.
Donald R. Lembo, North Providence.
The defendant, Philip A. DiMattia, appeals from a Family Court decision pending entry of final judgment and from an order that denied his motion to bifurcate and that entered final judgment dissolving the marriage between the parties during the pendency of this appeal. Following a conference before a single justice of this Court, this case was referred to the full Court for a session in conference in accordance with Rule 12A(3)(b) of the Supreme Court Rules of Appellate Procedure.
The parties were married on October 13, 1966 and had three children, all of whom were adults at the time the complaint for divorce was filed. After a lengthy trial in the Family Court, a bench decision was issued in which both plaintiff Virginia DiMattia's complaint and defendant's counterclaim for divorce were granted on the grounds that irreconcilable differences exist between the parties which caused the irremediable breakdown of the marriage. On appeal, defendant challenges various findings of fact and rulings made by the trial justice, especially in regard to the assignment of property and award of alimony. The defendant also claims that the trial justice erred in denying his motion to modify the order of temporary support entered during the pendency of this case, and in ordering that he pay counsel fees to his wife to purge himself of contempt. It is well-settled that the findings of a trial justice sitting without a jury are entitled to great weight and will not be disturbed on appeal unless those findings are clearly wrong or the trial justice overlooked or misconceived material evidence. Seabra v. Trafford-Seabra, 655 A.2d 250, 252 (R.I.1995) (quoting Tarro v. Tarro, 485 A.2d 558, 564-65 (R.I.1984)). Our review of the record in this case reveals that the trial justice's distribution of marital assets, award of alimony, denial of the motion to modify the award of temporary support, and award of counsel fees to the wife are supported by competent evidence and are affirmed.
In the decision pending entry of final judgment, the trial justice ordered that defendant advise his attorney of his receipt of any inherited funds. From those funds, the trial justice required Mr. DiMattia to pay his own attorney the counsel fees he incurred to date and to pay $ 2,000 in counsel fees to plaintiffs attorney to purge himself of contempt. Any remaining balance of those funds must be applied to the arrearage defen...
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Cronan v. Iwon
...shall be remanded to the Superior Court. Acting Chief Justice GOLDBERG and Justice FLAHERTY did not participate. 1. In DiMattia v. DiMattia, 747 A.2d 1008, 1008 (R.I.2000) (mem.), decided after the final disposition of the underlying divorce case and thus inapplicable here, we clarified tha......
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Craveiro v. Craveiro
...on appeal unless those findings are clearly wrong or the trial justice overlooked or misconceived material evidence." DiMattia v. DiMattia, 747 A.2d 1008, 1008 (R.I.2000) (mem.) (citing Seabra v. Trafford-Seabra, 655 A.2d 250, 252 The Duartes contend that the trial justice should have order......
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De Bont v. de Bont
...on appeal unless those findings are clearly wrong or the trial justice overlooked or misconceived material evidence." DiMattia v. DiMattia, 747 A.2d 1008, 1008 (R.I. 2000) (mem.) (citing Seabra v. Trafford-Seabra, 655 A.2d 250, 252 (R.I.1995)). We are satisfied that the trial justice did no......