Turrisi v. Sanzaro

520 A.2d 1080, 308 Md. 515, 1987 Md. LEXIS 180
CourtCourt of Appeals of Maryland
DecidedFebruary 4, 1987
Docket60, September Term, 1986
StatusPublished
Cited by42 cases

This text of 520 A.2d 1080 (Turrisi v. Sanzaro) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turrisi v. Sanzaro, 520 A.2d 1080, 308 Md. 515, 1987 Md. LEXIS 180 (Md. 1987).

Opinions

ADKINS, Judge.

The questions presented in this case are

1. Whether appellee, Katherine M. Sanzaro, at a hearing in the Circuit Court for Prince George’s County, waived any claim to immediate alimony? and
2. Do the provisions of Title 11, subtitle 1, of the Family Law Article empower a circuit court to reserve its jurisdiction over alimony?

We answer both questions in the affirmative.

Although the parties are not in total agreement as to the facts, there is little dispute about those bearing on the issues before us. Katherine Sanzaro and appellant, Brian C. Turrisi, are both medical doctors. They were married in June 1980. In September of that year, it was determined that Dr. Sanzaro had multiple sclerosis. The parties separated, finally, in May 1983. They had no children, and resolved virtually all issues arising out of their marriage by agreement. The unresolved issue was that of alimony for Dr. Sanzaro.

In June 1984 Dr. Sanzaro sued Dr. Turrisi in the Circuit Court for Prince George’s County for a voluntary separation divorce. She requested indefinite alimony. Dr. Turrisi denied the voluntariness of the separation and filed a “Counter Bill of Complaint” for divorce on the ground of desertion. Later, he filed a “Supplemental Counter Bill of Complaint” in which he also requested a voluntary separation divorce. Dr. Sanzaro admitted the allegations of this pleading, but continued to assert her entitlement to alimony, asserting

[518]*518“she has a disease which prevents her from working on a full-time basis and may cause her to cease employment permanently at a future time. If she cannot be gainfully employed, she requires financial assistance, alimony, from [Dr. Turrisi].”

On 22 March 1985 the circuit court granted Dr. Sanzaro an absolute divorce from Dr. Turrisi. On 23 May it held a hearing on the alimony issue. At that hearing, testimony was produced as to the needs, resources, earnings, and earning capacities of the respective spouses. We need not review the details of that evidence. It is enough to say that both were then employed in their professions. Dr. Sanzaro, however, testified that her disease had required her to abandon the field of surgery. She had also ceased doing hospital work; she was handling an office family practice, working from two and one-half hours to four hours daily, for five days per week. She had to use canes to walk, could not walk up and down stairs, could not control her bowels or bladder, and needed special assistance and arrangements in order to conduct her practice.

As to the future, Dr. Sanzaro conceded that as a physician she could not say, “within the realm of reasonable medical certainty, when if ever” she would become totally disabled. Her treating physician, Dr. Anderson, also admitted that he could not state with precision just when total disability might occur. In his deposition he had suggested a period of from five to 25 years; in the circuit court he revised his estimate downward to from two to ten years based on more recent examinations of Dr. Sanzaro. He explained the progressive nature of multiple sclerosis, and opined that Dr. Sanzaro was “in the chronic progressive category in that she is tending to get worse in a very progressive manner, without many instances of anything we could point to as improvement.” He noted that there is no known cure for multiple sclerosis. At another point he said

“And I would say, from my experience watching the progression of her disease in the areas that are being [519]*519affected, affecting her legs, and to some extent her arms, especially her left arm, that she is going to be not only disabled, permanently and totally disabled in, by examination, but also in what she is able to do to try to support herself.”

He went on to observe that “it is most probable that it [the onset of total disability] would be less than five years, that it is even probable that it would be less than two years.”

Despite this gloomy prognosis, Dr. Sanzaro herself evidenced a courageous wish to be self-supporting and independent as long as she could. On her cross-examination by counsel for Dr. Turrisi, the following dialogue occurred:

“Q. Dr. Sanzaro, are you asking Judge McCullough to order your ex-husband to pay you alimony right now because you can’t support yourself?
“A. Right now?
“Q. Yes.
“A. At the moment, no, I do not.
“Q. Okay. So—
“A. I am self-supporting.
“Q. At the present time you are self-supporting?
“A. As of today, yes.
“Q. Now, the — and you have been able to support yourself since the separation?
“A. Yes.
“Q. So the — what you want the Court to consider is if in the future you are unable to support yourself, to reserve alimony so that, if that eventuality occurs, at that time the Court can then order your ex-husband to pay you support?
“A. Future could be tomorrow, next week. Yes, I agree.”

On the strength of this, the chancellor found that Dr. Sanzaro had declined an immediate award of alimony. On the authority of Quigley v. Quigley, 54 Md.App. 45, 456 A.2d 1305 (1983), he held he had no power to reserve the question of future alimony. Dr. Sanzaro appealed to the [520]*520Court of Special Appeals. In an unreported opinion, Sanzaro v. Turrisi, No. 892, Sept. Term, 1985 (April 9, 1986), the intermediate appellate court recognized that Dr. Sanzaro’s “testimony discloses that she was not seeking alimony” at the time of the circuit court hearing. Id., slip op. at 7. It nevertheless held that § 11-106 of the Family Law Article grants broad discretion to award indefinite alimony, and that Dr. Sanzaro’s “self-claimed self-sufficiency” was but “one factor that would warrant against an award of indefinite alimony.” Id., slip op. at 11. It vacated and remanded for the chancellor to consider other factors and then to decide whether to award alimony. Because of that decision, it declined to address the reservation of alimony question, although it expressed an inclination “to adopt the dicta of Quigley____” Id., slip op. at 12.

We granted Dr. Turrisi’s petition for certiorari and for reasons we shall now explain, we reverse the judgment of the Court of Special Appeals.

Immediate alimony

The chancellor observed that “Dr. Sanzaro testified that she was not seeking alimony” at the time of the hearing “and that she was well able to support herself.” Contrary to the view of the Court of Special Appeals, this statement did not relate merely to one of the alimony factors listed in § ll-106(b). The chancellor explained that he did not need to make any findings under that subsection because Dr. Sanzaro “is not seeking alimony at this time.” This explicit finding of fact is one we cannot set aside unless it is clearly erroneous. Md. Rule 886. That it is not clearly erroneous is apparent from the testimony we have quoted at p. 519, supra. The short of it is that Dr.

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Bluebook (online)
520 A.2d 1080, 308 Md. 515, 1987 Md. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turrisi-v-sanzaro-md-1987.