Viall v. Viall

Opinion

5 IN THE SUPERIOR COURT OF GUAM 6

7 KEITH DANIEL VIALL, 8 DOMESTIC CASE NO. DM 0806-07 Plaintiff, 9 v. 10 DECISION AND ORDER

II CYNTHIA SUE VIALL, 12 Defendant. 13

15 INTRODUCTION 16

17 This matter carne before the Honorable Arthur R. Barcinas on the 23rd day of April,

18 2013, on Defendant's Motion for Wage Assignment Order and on Plaintiffs Motion to Stay a 19 Final Decree of Divorce. Attorney Thomas J. Fisher represented the Plaintiff, and Attorney 20 Joaquin C. Arriola, Jr., represented the Defendant. The Court now issues the following Decision 21 and Order on the matters presented. 22

23 PLAINTIFF'S MOTION FOR WAGE ASSIGNMENT ORDER

24 19 GCA § 8402 provides for enforcement of final judgments of spousal support by 25 orders issued at the discretion of the court. No final judgment has yet been entered in this case. 26 Neither 19 GCA § 8402 nor any of the other statutes cited by the Defendant can justify the entry 27 of an enforcement order prior to the entry of a final judgment. Accordingly, Defendant's Motion 28 Decision and Order Domestic Case No. DM 0806-07

for Wage Assignment Order is DENIED, with leave to refile after the entry of final judgment if

2 enforcement is necessary.

3 DEFENDANT'S MOTION FOR STAY OF FINAL DECREE OF DIVORCE 4 19 GCA § 8322 provides that "[i]f an appeal is filed by either party, the final decree may 5 not be entered until the appeal has been disposed of by the appellate courts, and in any event 6 may not be entered if the judgment granting the interlocutory divorce is reversed on appeal." 7

8 The statute indicates that, prior to the entry of a final decree of divorce, litigants should be given

9 an opportunity to appeal the interlocutory decree. Accordingly, Defendant's Motion for Stay of 10 Final Decree of Divorce is GRANTED. The parties are advised that the Court will not issue a 11 Final Decree of Divorce in this case until after the resolution of any appeal of the Interlocutory 12

Decree of Divorce, which the Court expects to issue contemporaneously with this Decision and 13

14 Order. If neither party files notice of appeal within the 30-day period for doing so provided by

15 Rule 4(a)(l) of the Guam Rules of Appellate Procedure, the Court will issue a Final Decree of 16 Divorce promptly after the end ofthat period. 17 CONCLUSION 18

19 Plaintiffs Motion for Wage Assignment Order is DENIED, with leave to refile after the

20 entry of final judgment if enforcement is necessary. 21 Defendant's Motion to Stay a Final Decree of Divorce is GRANTED. 22

this/?~rj.day of April, P,.O/ CJ. 23 IT IS SO ORDERED 24

28 Judge, Superior Court of Guam

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