Gamino v. Greenwell

OPINION OF THE COURT BY

BURNS, J.

The issue in this case is whether a party in a family court case may pursue a civil court action involving different parties and different issues when the result sought would contradict a final and unappealed order issued in the family court case.

We hold that the civil court action may not be pursued in such a situation.

Plaintiff-Appellant Rudy Gamino and Doris Gamino were parties in a divorce action. By order dated March 24, 1977, Family Court Judge Vitousek awarded the parties’ Pacific Heights house half to each party, ordered it sold, appointed an appraiser,…