Green v. Green

Summary

The Delaware Supreme Court affirmed the Family Court’s dismissal of Jane G. Green’s second petition for alimony. The Court held that the petition was barred by res judicata because the Family Court had previously denied alimony after determining that Green failed to establish dependency. The Court also held that 13 Del. C. § 1512(d) limits the duration of alimony eligibility but does not authorize serial petitions after an alimony request has been denied.

Holdings

1. A good-faith mistake by counsel does not excuse failure to comply with the briefing schedule and Supreme Court Rule 15(a)(iii); the untimely reply brief was stricken.
2. Section 1512(d) defines the maximum period for which an otherwise eligible party may receive alimony; it does not authorize a party whose alimony request was denied for failure to prove dependency to file serial petitions during that period.
3. Res judicata barred Wife's April 8, 2016 alimony petition because the Family Court had jurisdiction, the parties and issue were the same, the alimony issue had been decided adversely to Wife, and the February 1, 2016 order was final.

Questions Presented

1. Whether the Supreme Court should strike Wife's reply brief as untimely.
2. Whether 13 Del. C. § 1512(d) permits a party whose alimony request was denied for failure to prove dependency to file a new alimony petition during the statutory eligibility period.
3. Whether res judicata barred Wife's second alimony petition.

Disposition

affirmed