Background
This matter originated in Providence County Family Court, where Associate Justice Elizabeth Ortiz issued an order on September 12, 2025. The case was appealed to the Rhode Island Supreme Court, which issued an order directing the parties to appear and show cause why paragraphs 6 and 7 of the Family Court order should not be vacated. Oral argument was held on May 13, 2026.
The Court’s Holding
At oral argument, counsel for the plaintiff agreed that paragraphs 6 and 7 of the Family Court order should be vacated. The Supreme Court concurred and granted the vacation. The Court vacated paragraphs 6 and 7 of the September 12, 2025 order and remanded the matter to Family Court for further proceedings consistent with this decision.
Key Takeaways
- Portions of the Family Court order were vacated on consent of the plaintiff’s counsel
- The case returns to Family Court for additional proceedings to address the vacated provisions
- The Supreme Court exercised its authority to correct the lower court order before final resolution
Why It Matters
This order illustrates the appellate process for correcting lower court decisions without requiring full briefing and decision on the merits. When the parties agree on the necessity of vacating specific provisions, appellate courts can act expeditiously to remand for reconsideration. For practitioners in family law matters, this underscores the importance of preserving appellate issues and the opportunity to seek targeted relief through appellate show-cause orders.