Sharon L. Cunningham v. Kieran G. Cunningham
Syllabus
The defendant, Kieran G. Cunningham, appealed from a Family Court order sanctioning the defendant and awarding the plaintiff, Sharon L. Cunningham, attorneys' fees arising from a post-divorce proceeding. The sanction arose from a motion that the defendant filed in the post-divorce proceeding. Before the Supreme Court, the defendant argued that the hearing justice abused her discretion in imposing the sanction. In the alternative, the defendant argued that the attorneys' fees awarded as a result of the sanction were excessive. Upon reviewing the record, the Supreme Court held that the defendant's motion was improper under Rule 11 of the Family Court Rules of Domestic Relations Procedure, therefore creating a basis for the imposition of the sanction and award of attorneys' fees. The Supreme Court further held that the defendant knew or should have known that his amended motion seeking to inspect and appraise the property was not "well grounded in fact" and was not "warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law." Furthermore, the Supreme Court held that the hearing justice did not abuse her discretion in her actual award of $6,125 in attorneys' fees.
Opinion Excerpt
Supreme Court No. 2024-242-Appeal. (N 19-742) (Dissent begins on Page 14) Sharon L. Cunningham : v. : Kieran G. Cunningham. : NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the