Daisy M. DeJesus v. Jose A. Saldana

Syllabus

The defendant, Jose A. Saldana, appealed from an order of a Family Court justice denying his appeal from a Family Court magistrate's order. The magistrate denied in part and granted in part the defendant's second motion to vacate a final judgment of divorce—which he challenged before the Supreme Court. The defendant contended on appeal that, because the plaintiff, Daisy M. DeJesus, purportedly failed to disclose marital assets, particularly, property located at 954 Atwells Avenue in Providence, Rhode Island, the distribution of marital property was inequitable. The defendant further contended that the terms of the divorce decree should have been modified because the record failed to contain the date of separation and the unfortunate decline in his health constituted grounds for a substantial change in circumstance. The plaintiff contended that the order the defendant appealed from (the second motion to vacate the final judgment) was filed out of time. The Supreme Court concluded that the defendant's second motion to vacate should have been dismissed as untimely. The Supreme Court also concluded that issues relative to the 954 Atwells Avenue Property were appropriately severed. Accordingly, the Supreme Court affirmed the order of the Family Court.