In an unusual and perhaps unprecedented move, the Rhode Island Supreme Court disparaged the procedural history and the divorce process of the now infamous RI divorce case, Fossa v. Fossa. The Rhode Island Supreme Court did not hold back in its decision.
The top court blasted the conduct of the lawyers and others involved in the Rhode Island divorce. In it’s decision, the Supreme Court of RI cited the epic Charles Dicken’s novel: “Bleak House.” This is an unfortunate case, to say the least. The following quote by the Rhode Island Supreme Court from the Fossa decision just about says it all:
“This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means.”
“This case has been pending in the Family Court since October of 2000, and numerous lawyers and judicial officers have been involved with it at one time or another. The degree of apparent unnecessary and unseemly contentiousness (and perhaps “gamesmanship” as well) reflected by the record is disconcerting. Quite frankly, the travel of this case reminds us of the mythical case of Jarndyce v. Jarndyce, which Dickens so devastatingly satirized over 150 years ago in Bleak House.”
“He describes that case in pertinent part as follows: “[Jarndyce v. Jarndyce ] drones on. This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means. The parties to it understand it least; but it has been observed that no two Chancery lawyers can talk about it for five minutes, without coming to a total disagreement as to all the premises.” Charles Dickens, Bleak House 7-8 (George Ford & Sylvère Monod eds., W.W. Norton & Co.1985) (1853). We wish to emphasize, however, that the Rhode Island court system is not the Court of Chancery of the Victorian era, and we are determined to see to it that our cherished system never descends to anything approaching that ignominious level.”
TITLE OF CASE: Kerri D. Fossa v. Richard D. Fossa DOCKET NO: 2004-0089-Appeal COURT: Supreme DATE OPINION FILED: February 25, 2005 Appeal from SOURCE OF APPEAL: Family County: Washington JUDGE FROM OTHER COURT: Judge John A. Mutter JUSTICES: Williams, C.J., Goldberg, Flaherty, Suttell and Robinson, JJ. Not Participating – Concurring Dissent – WRITTEN BY: Per Curiam ATTORNEYS: For Plaintiff William F. Holt, Esq. ATTORNEYS: For Defendant Richard Fossa, Pro Se https://www.courts.ri.gov/Courts/SupremeCourt/OpinionsOrders/pdf-files/04-89.pdf
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Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice