Daily Record Staff//December 9, 2014
//December 9, 2014
Father and Mother were married in Russia on July 12, 1998. Mother filed for absolute divorce on March 2, 2012, in the circuit court, citing a 12-month separation. She requested alimony, child support, and sole physical and legal custody of the children with visitation for Father.
Father presented six questions for our review:
1. Was the trial court’s decision based on [Mother’s] fraud and misrepresentation of facts on [Father’s] financial situation, legally correct when pursuant to Maryland Rule 2-535(b) the Court may exercise its Revisory Power if the judgment based [sic] on fraud or mistakes?
2. On the date of the trial, Dr. Kuzmenok, [Father’s] witness was under surgery in the Hospital. Did the Judge abuse his discretion when he did not allowed [sic] Dr. Kuzmenok to testify on another day under Maryland Rule 2-508(a) and (c), which state that a Court may continue a trial as justice may allow, including a reason that a witness is absent?
Is Federal Rule of Evidence 804(a)(4) should be apply [sic] when [Father’s] expert witness was in surgery being operated on and submitted to the Court his sworn, signed, and notarized affidavit?
3. Was the judge’s “Deny” decision on Motion for Reconsideration based on newly-discovered evidences [sic] of discrimination and retaliation and court trial irregularity, legally correct when pursuant to Maryland Rule 2-534 the Court may open the judgment to receive additional evidence, may amend its findings or its statement of reasons for the decision, may enter new findings or new reasons, may amend the judgment, or may enter a new judgment.
4. Was the trial court’s decision ordering [Father] to pay 50% of Orthodontic costs legally correct when the Judge dismissed the questions about the orthodontic work during cross-examination of [Mother] whether the work was needed was speculative?
5. Was the trial court’s decision giving [Father] conditional visitation legally correct when the Judge’s decision was a mistake in the Judgment? There was no [sic] any evidence to support the Judge’s decision and he looked at the facts in a light most favorable to [Mother].
6. Was the trial court’s decision ordering [Father] to pay legal fees, legally correct when the Judge [sic] decision was a mistake in the Judgment and was based on wrongful fact [sic]?
Family law opinions are available with a subscription to Maryland Family Law Update.t