Armentrout v. Armentrout

Supreme Court of Rhode Island

Armentrout v. Armentrout

675 A.2d 415, 1996 R.I. LEXIS 128, 1996 WL 208544

CourtSupreme Court of Rhode Island

DecidedApril 18, 1996

DocketNo. 95-202-A

StatusPublished

This text of 675 A.2d 415 (Armentrout v. Armentrout) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armentrout v. Armentrout, 675 A.2d 415, 1996 R.I. LEXIS 128, 1996 WL 208544 (R.I. 1996).

Pincite

Opinion

ORDER

This case came before the Supreme Court for oral argument on April 9, 1996, pursuant to an order that directed the parties to show cause why this appeal should not be summarily decided. The defendant, Marie G. Armentrout, has appealed the denial of her motion to adjudge the plaintiff, Luke A Ar-mentrout, in contempt of the alimony provision of their final divorce judgment and the denial of her motion to amend and add a second count seeking to reinstate alimony.

Pursuant to G.L.1956 (1994 Reenactment) § 14-l-52(b), the proper procedure for seeking review of a judgment or order in respect to the modification of alimony or to a finding of contempt for failure to pay alimony is to petition this Court for a writ of certiorari. Because the issue before us falls within the purview of § 14-l-52(b), it is reviewable only by certiorari and, therefore, defendant’s appeal is not properly before this Court.

Accordingly, we deny and dismiss the appeal on procedural grounds, and we do not reach the merits of the case. The papers in the case may be remanded to the Family Court.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

This case came before the Supreme Court for oral argument on April 9, 1996, pursuant to an order that directed the parties to show cause why this appeal should not be summarily decided. The defendant, Marie G. Armentrout, has appealed the denial of her motion to adjudge the plaintiff, Luke A Ar-mentrout, in contempt of the alimony provision of their final divorce judgment and the denial of her motion to amend and add a second count seeking to reinstate alimony.

Pursuant to G.L.1956 (1994 Reenactment) § 14-l-52(b), the proper procedure for seeking review of a judgment or order in respect to the modification of alimony or to a finding of contempt for failure to pay alimony is to petition this Court for a writ of certiorari. Because the issue before us falls within the purview of § 14-l-52(b), it is reviewable only by certiorari and, therefore, defendant’s appeal is not properly before this Court.

Accordingly, we deny and dismiss the appeal on procedural grounds, and we do not reach the merits of the case. The papers in the case may be remanded to the Family Court.

Cite This Page — Counsel Stack

Bluebook (online)

675 A.2d 415, 1996 R.I. LEXIS 128, 1996 WL 208544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armentrout-v-armentrout-ri-1996.