Hein v. Hein

717 A.2d 1053, 1998 Pa. Super. LEXIS 2733
CourtSuperior Court of Pennsylvania
DecidedSeptember 21, 1998
StatusPublished
Cited by19 cases

This text of 717 A.2d 1053 (Hein v. Hein) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hein v. Hein, 717 A.2d 1053, 1998 Pa. Super. LEXIS 2733 (Pa. Ct. App. 1998).

Opinion

*1055 BECK, Judge.

Appellant-husband appeals the trial court’s final order disposing of the economic claims ancillary to the parties’ divorce action. He raises two issues for our consideration, which he frames as follows:

1. Did the lower court make an error of law when, without holding a hearing on a motion for sanctions, it granted the motion and issued an order barring the appellant from presenting testimony at the equitable distribution hearing?
2. Did the lower court make an error of law when it held that appellee’s witness was a[sie] qualified to testify to the issue of the value of real estate?

Finding no merit to either of his claims, we affirm.

The trial court cogently summarized the procedural history of this case:

On June 6, 1994, I entered an order permitting the parties to engage in discovery through September 19, 1994. On or about July 13, 1994 Wife’s counsel served Husband with a Notice of Deposition accompanied by a document request. Husband failed to appear and did not produce the requested documents. Pursuant to Wife’s Motion for Special Relief, Judge Baer entered an order dated August 19, 1994 which awarded Wife counsel fees for Husband’s failure to comply and which further stated that Husband may be precluded from offering any evidence as to the economic issues if Husband failed to produce executed authorizations for documents.
On October 26, 1994, after a conciliation scheduled for October 20, 1994 at which wife sought additional sanctions in accordance with Judge Baer’s order, I entered an Order directing Husband to produce all documents and all authorizations requested by Wife on or before November 14, 1994. I scheduled the case for further conciliation on November 22, 1994. Instead of producing the documents and authorization as ordered, on November 14, 1994 (the date on which they were ordered to be produced), Husband filed a response objecting to Wife’s request for documents on grounds that the requested documents were not relevant or Husband did not have in his possession the documents requested.
On December 19, 1994 Husband filed a motion to re-schedule the equitable distribution conciliation due to unavailability of counsel, which motion was granted by Judge Folino and the conciliation was rescheduled for March 21, 1995. On December 20, 1994, pursuant to a motion of Wife, I entered an order expediting the conciliation to January 9, 1995 and preserving Wife’s claim for counsel fees.
On December 29, 1994 Husband’s counsel filed a motion to withdraw as counsel [ 1 ] which I granted with the condition that Husband was to secure new counsel or to proceed pro se so as not to delay resolution of the case and the conciliation scheduled for January 9, 1995 was not to be continued due to lack of counsel or due to new counsel.
On January 11, 1995, after the January 9, 1995 conciliation, at which new counsel appeared, I ordered that Husband was precluded from offering evidence in his case in chief at the upcoming equitable distribution hearing before the permanent master. This was based upon my consideration of the bases of husband’s objections and the fact that husband had already been ordered on two occasions to produce the requested documents and authorizations. It had been made clear when I entered the prior order setting the final deadline that the time for filing objections had long passed. Nonetheless, if Husband produced the documents contained in Wife’s request for production of documents, the January 11 order stated that he could present a motion to me for reconsideration of my January 11, 1995 order within twenty days prior to the date set for hearing before the master. Husband failed to produce the required documents and did not seek reconsideration until the day of the scheduled master’s hearing. On *1056 the morning of the hearing, husband claimed that he had the requested documents and would produce them and therefore requested the opportunity to produce witnesses. Wife objected stating that these documents were necessary for her to prepare her case and she certainly could not do so that day. The master referred the matter to me for resolution. I denied Husband’s untimely motion for reconsideration.

Trial Court Opinion, 12/30/97, at 1-3.

In reviewing the trial court’s imposition of discovery sanctions, “[w]e recognize that the imposition of specific sanctions for failure to obey a discovery order is largely within the discretion of the [trial] court. However, it is clear that in the exercise of judicial discretion in formulating an appropriate sanction order, the court is required to select a punishment which ‘fits the crime.’ ” Brunetti v. Southeastern Pennsylvania Transportation Authority, 329 Pa.Super. 477, 478 A.2d 889 (Pa.Super.1984) (citations omitted). The appropriateness of the sanction imposed is assessed in light of four factors: 1) the prejudice caused to the opposing party and whether the prejudice can be cured; 2) the defaulting party’s willfulness or bad faith in failing to comply with the discovery order; 3) the number of discovery violations; and 4) the importance of the precluded evidence in light of the failure. Steinfurth v. LaManna, 404 Pa.Super. 384, 590 A.2d 1286 (Pa.Super.1996).

Examining husband’s conduct in this ease in light of these factors, we find no abuse of discretion in the sanction imposed by the trial court. With respect to the first factor, the trial court in its opinion explicitly found that husband’s intransigence prior to trial, his disingenuous claims that he did not have the requested information and his belated offer, on the day of the hearing, to produce the requested materials resulted in prejudice to wife. Regarding the second and third factors, the master and the trial court both concluded that husband’s conduct in refusing over the course of many months to comply with wife’s discovery requests and the court’s ensuing orders, only to attempt at the last minute to avoid sanctions by producing the evidence, constituted repeated, willful disobedience of the court’s discovery orders. While the trial court made no finding concerning the fourth factor, neither has husband asserted what evidence he would have introduced had the sanction not been imposed or how he was prejudiced by its exclusion. We thus conclude that the trial court did not abuse its discretion in imposing this serious sanction upon husband.

In reaching this conclusion, we take note that the integrity of the adjudication process requires that all parties promptly and with thoroughness respond to discovery requests. While this principle is applicable to all litigation, it is especially meaningful in domestic relations matters. Domestic relations litigation frequently involves bitterness and hostility coupled with an unwillingness of the parties to cooperate. The parties who at one time had an intimate relationship with one another are now engaged in a fight and the litigation process is used as an arena to resolve personal problems.

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Bluebook (online)
717 A.2d 1053, 1998 Pa. Super. LEXIS 2733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hein-v-hein-pasuperct-1998.