Rodriguez v. Rodriguez-Ramos

64 V.I. 447, 2016 V.I. Supreme LEXIS 9
CourtSupreme Court of The Virgin Islands
DecidedMarch 16, 2016
DocketS. Ct. Civil No. 2014-0012
StatusPublished
Cited by5 cases

This text of 64 V.I. 447 (Rodriguez v. Rodriguez-Ramos) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Rodriguez-Ramos, 64 V.I. 447, 2016 V.I. Supreme LEXIS 9 (virginislands 2016).

Opinion

OPINION OF THE COURT

(March 16, 2016)

Swan, Associate Justice.

Appellant, Rosa Maria Peralta Rodriguez (“Peralta”), appeals the Superior Court’s February 14, 2014 order, which awarded her $12,699.31 as her one-half share of the proceeds of the sale of the marital home she shared with her husband for sixteen years, before their divorce. For the following reasons, we vacate the February 14, 2014 order and remand this case to the Superior Court for further factual findings on the appropriate distribution of the proceeds of the sale of the marital home, factual findings on each party’s fault with regards to the deterioration of the property, and factual findings on their effect on the apportionment of the sale proceeds to each party.

I. FACTS AND PROCEDURAL HISTORY

Peralta and Carmelo Rodriguez-Ramos (“Rodriguez”) married in 1990. (JA at 4.) From 1993, the parties resided at their marital home, which was located at Number 642 Estate Sunny Acres, St. Croix. (JA at 15.) Rodriguez was the sole homeowner of record and made the monthly mortgage payments. The couple divorced in 2009. At the time of the divorce, the marital home was still subject to a mortgage, but the payments were not current. (JA at 15.) By a term of the April 14, 2009 divorce decree, Rodriguez was ordered to continue paying the mortgage, insurance, taxes, utilities, and maintenance costs associated with the marital home. (JA at 16.) Additionally, Peralta and Rodriguez were each awarded a fifty percent interest in the marital home. (JA at 16.)

This case subsequently came before the Superior Court on a show cause hearing on January 18, 2010, pursuant to which the court, in its January 26, 2010 ruling, ordered the parties to have the marital home appraised. (JA at 20.) The ruling prohibited both parties from [450]*450“damaging], changing], or altering] [the premises] in any way which would reduce its market value.” (JA at 19.) The court further afforded Rodriguez the option to purchase Peralta’s one-half interest in the marital home, failing which the home would be listed for sale. (JA at 20.) The court also ordered that upon the final sale of the property, each party would be entitled to one-half of the proceeds thereof, after all expenses and fees were paid and the outstanding mortgage was fully satisfied. (JA at 20.)

The marital home was appraised by a certified appraiser on March 2, 2010, at a value of $150,000. (JA at 28.) The appraiser found the home to be in fair to average condition, with no deficiencies or adverse conditions affecting its livability, soundness or structural integrity. (JA at 23.) Thereafter, Rodriguez placed the home on the market for sale. Six months after the appraisal, Rodriguez sought and received estimates for home repairs on the property, from two construction contractors, D.S. Painting and Etienne Construction. These estimates were $24,000 and $36,824, respectively. (JA at 190-92.) Rodriguez, a civil engineer by profession, with extensive experience in construction, also inspected the home and arrived at his repair estimate of $57,000. (JA at 194.) Rodriguez then obtained a payoff quote from his lending bank of $44,601.39 on the outstanding mortgage. This quote included an unpaid late charge of $106.78, interest in the amount of $991.10, and “additional contractual and other fees and charges” in the amount of $255. (JA at 146-47.) On dates unknown, foreclosure proceedings had commenced on the home, before Rodriguez became current on the mortgage payments. (JA at 270.)

In 2012, Rodriguez secured a potential buyer, Oneida del Carmen Guzman (“Guzman”), but he did not seek a new appraisal for the home. Guzman inspected the property around August 2012. After negotiations, Guzman and Rodriguez agreed on a purchase price of $95,000, with a home repair credit of $25,000, for a final sale price of $70,000. (JA at 205-07.) Rodriguez offered the $25,000 credit after considering the two construction contractors’ home repair estimates he had received in 2010, with the objective of offering a “round number” between the $24,000 and the $36,824. According to Guzman, the only necessary repairs were to the roof, the walls and the electrical sockets. (JAat 107.) Of these, Rodriguez had only sealed holes in the galvanized portion of the roof, despite his knowledge that the corrosion in the roof was worsening beneath the sealant. (JA at 197, 261, 288.)

[451]*451Upon the sale of the home around September 2012, the mortgage payoff of $44,601.39 was satisfied with a portion of the sale proceeds, leaving a remainder of $25,398.61. By motion dated November 1, 2012, Rodriguez requested the Superior Court’s permission to deposit $12,699.301 into the Superior Court registry, as representative of Peralta’s one-half share of the sale proceeds. (JA at 61.) The court granted the motion and subsequently heard the matter on May 7, May 8 and October 4, 2013, to properly ascertain Peralta’s share in the sale proceeds. During the hearing, the Superior Court found that Rodriguez was qualified to testify as an expert witness. Accordingly, he opined that both contractors’ estimates were too low; therefore, he offered testimony regarding his home repair estimate of $57,000.

By order dated February 11, 2014, and subsequently entered on February 14, 2014, the Superior Court determined that Peralta’s share of the sale proceeds was appropriately reduced by both the $44,601.39 mortgage payoff and the $25,000 home repair credit that Rodriguez had given Guzman. Peralta’s timely appeal ensued.

II. JURISDICTION

Title 4, section 32(a) of the Virgin Islands Code states that “[t]he Supreme Court shall have jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law.” A final order is a judgment which ends the litigation on the merits, leaving nothing else for the court to do except execute the judgment. Ramirez v. People, 56 V.I. 409, 416 (V.I. 2012) (citing In re Truong, 513 F.3d 91, 94 (3d Cir. 2008); Rojas v. Two/Morrow Ideas Enters., Inc., 53 V.I. 684, 691 (V.I. 2010)). The Superior Court’s February 14, 2014 order was a final order, disposing of all outstanding motions in this matter, and Peralta’s notice of appeal was timely filed on March 4, 2014. Therefore, we have jurisdiction over this appeal.

III. STANDARD OF REVIEW

The standard of review in examining the Superior Court’s application of law is plenary, while the trial court’s findings of fact are reviewed for [452]*452clear error. Martin v. Martin, 58 V.I. 620, 624-25 (V.I. 2013) (citations omitted). The Superior Court’s distribution of marital assets in an action for divorce is reviewed for abuse of discretion. Id. at 625 (citing Harvey v. Christopher, 55 V.I. 565, 572 (V.I. 2011)). Likewise, the admission of expert testimony lies within the discretion of the trial court, and its judgment must not be reversed absent an abuse of discretion. Alexander v. People, 60 V.I. 486, 494 (V.I. 2014) (citing Westcott v. Crinklaw, 68 F.3d 1073, 1075 (8th Cir. 1995)).

IV. DISCUSSION

A. The Mortgage Payoff.

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Bluebook (online)
64 V.I. 447, 2016 V.I. Supreme LEXIS 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-rodriguez-ramos-virginislands-2016.