ancy Robayo v. Luis Robayo

Syllabus

The plaintiff, Nancy Robayo, appealed from a Family Court decision granting summary judgment in favor of the defendant, Luis Robayo, and denying the plaintiff's motion for relief from judgment, her motion to adjudge the defendant in contempt, and her amended motion for relief from judgment. Following the parties' final judgment of divorce in 2018, the plaintiff filed several motions contending that, pursuant to the parties' marital settlement agreement, she was entitled to a 50 percent share of prospective survivor benefits in the defendant's federal civilian pension. Although her initial motion sought relief from judgment on the grounds that the parties were mutually mistaken as to the existence of such benefits, she also filed motions arguing that she was entitled to a share of the benefits under the terms of her marital settlement agreement with the defendant. In response, the defendant filed a motion for summary judgment, in which he stated there were no facts suggesting evidence of mutual mistake, and he also challenged the plaintiff's other arguments. The Family Court granted the defendant's motion for summary judgment and denied the plaintiff's motions.<br> <br>On appeal, the plaintiff argued that the plain language of the marital settlement agreement entitled her to a share of any survivor benefits in the defendant's federal civilian pension. In the alternative, she argued that the terms of the agreement, if ambiguous, should be construed against the defendant and in her favor. Finally, she contended that the trial justice took judicial notice of the defense counsel's litigation experience and erred in so doing.<br> <br>The Supreme Court held that the plaintiff, under the terms of the agreement, was not entitled to any survivor benefits in the defendant's federal civilian pension. This holding was based on what the Court determined to be the most equitable construction of the agreement. The Court also rejected the plaintiff's judicial-notice argument. Accord