Williams v. Williams

1998 ME 32, 706 A.2d 1038, 1998 Me. 32, 1998 Me. LEXIS 27
CourtSupreme Judicial Court of Maine
DecidedFebruary 13, 1998
StatusPublished
Cited by16 cases

This text of 1998 ME 32 (Williams v. Williams) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Williams, 1998 ME 32, 706 A.2d 1038, 1998 Me. 32, 1998 Me. LEXIS 27 (Me. 1998).

Opinion

WATHEN, Chief Justice.

[¶ 1] Defendant Julianna Williams appeal from a judgment of the Superior Court (Ken-nebec County, Alexander, J.). On plaintiff Timothy Williams’ appeal, the Superior Court vacated a divorce judgment entered in the District Court (Waterville, O’Rourke, A R.J.) and remanded for further consideration of parental rights and economic issues. Julianna contends that the District Court judgment is free from error and should be affirmed. Agreeing in part, we vacate the judgment of the Superior Court and remand only with respect to a disputed savings account.

*1039 [¶2] The relevant facts may be briefly summarized as follows: The parties were married in 1990 and have one child, Timothy Williams, Jr. Divorce proceedings were commenced in September of 1994 and trial was held on two separate days in October and November of 1995. Judgment was not entered until eleven months after the trial concluded. 1 The evidence revealed that, although sober for over a year, Timothy has a history of alcohol abuse. He also admitted to experiencing difficulty with gambling. Jul-ianna testified that she was aware of plaintiffs drinking problem prior to marrying him and that it continued on and off throughout the course of the marriage. She testified that on one occasion Timothy had physically abused her. Four professional witnesses provided somewhat mixed and conflicting assessments of the parties’ parenting skills.

[¶3] Julianna presented evidence of the existence of a savings account in the name of Timothy, Jr. that she claimed as marital property. The account was derived from the proceeds of the sale of jointly-owned real estate that had been purchased with Timothy’s nonmarital funds. Julianna testified that Timothy opened the bank account for their son because of “something about the interest occurred [sic] and him being under 18 or something, with [sic] tax purposes.” Timothy denied that the account was marital property, but acknowledged that he was the trustee for his son. He testified that he had withdrawn almost $20,000 from the account in the three years preceding the trial and had used those funds to pay legal fees and other business and living expenses.

[¶4] When issued, the divorce judgment was accompanied by extensive findings of fact and included the provisions that are now the subject of this appeal: The award of sole parental rights and responsibilities to Julian-na; the award of alimony to Julianna; and the division of the savings account as marital property. 2 On appeal by Timothy, the Superior Court concluded that the court had erred with regard to each of the foregoing provisions and remanded for further proceedings. At the time of the remand, the trial judge had retired frilly from the bench. Julianna ignored the remand and appealed to this Court.

[¶ 5] Initially, Julianna acknowledges .that her appeal is interlocutory, but invokes the judicial economy exception to the final judgment rule. As a general proposition, a case is ripe for appellate review only when there is a final judgment. See Rosenbery v. Taylor, 685 A.2d 768, 769 (Me.1996). A judgment is final when the court’s decision fully decides and disposes of the whole matter, leaving nothing further for the consideration and judgment of the trial court. See In re Erica B., 520 A.2d 342, 343-44 (Me.1987). In recognition of the fact that the application of the final judgment rule is not always appropriate, we have recognized a few narrow, well-defined exceptions. Rosenbery v. Taylor, 685 A.2d 768, 769 (Me.1996).

[¶ 6] The judicial economy exception is implicated “when the interests of judicial economy dictate that the merits of the case should be addressed immediately.” Department of Human Servs. v. Lowatchie, 569 A.2d 197, 199 (Me.1990). We apply this exception, however, only when the interests of justice require an immediate review of the non-final order and the review will “establish a final, or practically final, disposition of the entire litigation.” Id.

[¶ 7] The present litigation has been subject to inordinate delay. The complaint for divorce was filed in August of 1994 and trial was held more than one year later. For reasons beyond the control of the parties, eleven months elapsed between the end of the trial and the court’s judgment. The appeal to the Superior Court involved an additional five months, and resulted in a remand that imposes a new trial of the entire case before a different judge. Due to the unique circumstances of this case and because it is possible to finally resolve virtually every issue and avoid retrial, we accept this interloe- *1040 utory appeal in the interest of judicial economy.

[¶ 8] The trial court has broad discretion in determining the custody of minor children. See Gerber v. Peters, 684 A.2d 606, 607 (Me.1990). We review the court’s award of parental rights and responsibilities for an abuse of discretion. See El-Shafei v. Elshafei, 649 A.2d 1106, 1108 (Me.1994). The court is required to apply, the best interests of the child standard, 19-A M.R.S.A § 1653(3) (Supp.1997), and may award “allocated,” “shared,” or “sole,” parental rights and responsibilities. 19-A M.R.S.A. § 1501 (Supp. 1997). If the parents agree “to an award of shared parental rights and responsibilities ... the court shall make that award unless there is substantial evidence that it should not be" ordered.” 19-A M.R.S.A § 1653(2)(A) (Supp.1997).

[¶ 9] Both parties in the present case submitted proposed judgments that included a provision for shared parental rights and responsibilities. The court, however, awarded sole parental rights and responsibilities to Julianna. Contrary to Timothy’s contention, however, the court relied on “substantial evidence” iii making its determination. The court specifically found that Timothy was unstable, that he was uncooperative towards Julianna, that he had difficulty with drinking and gambling, and that he had been physically abusive. The court noted expert testimony that Timothy was overly dependent on others and would be an ineffective parent. Based on the evidence and its findings, the court did not abuse its discretion in awarding sole parental rights and responsibilities to Julianna.

[¶ 10] An award of alimony is controlled by the factors set forth in 19-A M.R.S.A. § 951(l)(A-0) (Supp.1997). These include the length of the marriage, the ability of each party to pay, employment history, income history, the parties’ education, retirement provisions, tax consequences, economic misconduct, the health and disability of the parties and any other factor the court deems appropriate. Id. In its judgmént, the court ordered Timothy to pay $200 monthly alimony for a period of two years and then $1 annually. We review this award for an abuse of discretion. See Pongonis v. Pongonis,

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Bluebook (online)
1998 ME 32, 706 A.2d 1038, 1998 Me. 32, 1998 Me. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-williams-me-1998.