Attorney Steven J. Hart's Legal Cases

Divorce and separation

Joanne Miller v. Henry Saunders, et al

Dec 05, 2013

OUTCOME: The Court affirmed the order of the Superior Court in favor of the Defendants

The plaintiff, Joanne Miller, appeals from a Superior Court order granting summary judgment for the defendants, Henry Saunders and Kristin Saunders. The plaintiff challenged the trial justice’s rulings ... that the plaintiff’s deceased ex-husband, Dean S. Miller, created a valid custodial trust with regard to his life insurance proceeds and that this custodial trust did not violate a property settlement agreement executed by the plaintiff and Mr. Miller in conjunction with their divorce. Here, the RI Supreme Court held that the contractual language was not ambiguous, and that Mr. Miller did not violate paragraph twelve of the agreement by designating Mrs. Saunders “as custodial trustee for the benefit of [his] minor children” on the service request form. Furthermore, Mr. Miller’s instructions complied with RIUCTA’s requirements, notwithstanding his failure to expressly reference the statute.

Domestic violence

Stephen NOTARIANNI on behalf of Joseph NOTARIANNI, SR. v. Joseph NOTARIANNI, JR.

Dec 02, 2009

OUTCOME: None of the exceptions to the mootness doctrine are applicable to this matter. Because Joseph, Sr. has died, the plaintiff's protection from abuse action is no longer in controversy. Thus, the case is moot.

In an affidavit filed in the Family Court, plaintiff asserted that his brother, defendant Joseph Notarianni, Jr., fought with their father Joseph Notarianni, Sr. causing Joseph, Sr. stress, panic, and ... adverse health effects. The plaintiff alleged that defendant harassed and manipulated Joseph, Sr. and broke furniture. At that time Joseph, Sr. was suffering from Alzheimer's disease. Joseph, Sr. and defendant lived on the same property in Foster, Rhode Island, but defendant lived in the rear house on the property while Joseph, Sr. lived in the main house on the property. On October 30, 2007, plaintiff filed on behalf of his father a complaint in the Family Court for protection from abuse from defendant. Subsequently, a magistrate of the Family Court entered a default judgment enjoining defendant from contacting Joseph, Sr. and ordering defendant to vacate his residence on the property. The defendant appealed the magistrate's ruling to the chief judge of the Family Court as permitted under G.L. 1956 § 8-10-3.1(d).[1] After a hearing, the chief judge of the Family Court overturned the magistrate's ruling. The chief judge decided that the Family Court did not have jurisdiction over the case and dismissed plaintiff's complaint. The chief judge focused on the fact that the appointment of a guardian for Joseph, Sr. was still pending in the Probate Court and that plaintiff only held power of attorney for Joseph, Sr. The plaintiff filed a notice of appeal to the RI Supreme Court Court. However, Joseph, Sr. died on February 26, 2009. Because the subject of plaintiff's protection from abuse complaint is no longer living, the Court held that the case was now moot.

Probate

Estate of Brian W. Hart a/d/a Brian William Hart v. Cheryl A. LeBlanc

Jun 18, 2004

OUTCOME: This court reversed the judgment of the Superior Court in favor of the Petitioner

The issue before the Rhode Island Supreme Court was whether petitioner was required to submit the entire privately commissioned transcript of the Probate Court proceedings within thirty days of the exe ... cution of the order to perfect its appeal to the Superior Court. The Court held that to perfect an appeal to the Superior Court from a Probate Court judgment under § 33-23-1, the appealing party must submit a written transcript of all relevant portions of the Probate Court proceedings, regardless of who commissioned the recording or transcription originally. Thus, because the petitioner submitted the relevant portion of the transcripts to the Superior Court within thirty days of the execution of the order, the hearing justice erroneously granted the respondent’s motion to dismiss.

Steven J. Hart's Legal Cases (3)

Joanne Miller v. Henry Saunders, et al

Stephen NOTARIANNI on behalf of Joseph NOTARIANNI, SR. v. Joseph NOTARIANNI, JR.

Estate of Brian W. Hart a/d/a Brian William Hart v. Cheryl A. LeBlanc