Legal Opinion · Dissent

Angela Luis v. Kevin Gaugler.

Supreme Court of Rhode Island

Decided June 11, 2018No. 16-334Published

1DissentJustice Robinson

I respectfully but unreservedly dissent. In my judgment, the majority has erred: (1) in underestimating the probative force of the meticulous and voluminous fact-finding carried out by the trial justice (including numerous very explicit credibility determinations); and (2) in opining that, "even giving the trial justice's factual findings their due deference, we are not persuaded that her findings amount to 'clear and convincing' evidence [of a common law marriage]." It is my definite view that the trial justice's findings of fact and her determinations about credibility do very clearly and…

2Cases cited17 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. Federal Communications Commission v. Fox Television Stations, Inc.Supreme Court of the United States · 2009
  3. North Providence School Committee v. North Providence Federation of Teachers, Local 920Supreme Court of Rhode Island · 2008
  4. Matter of Dissolution of Anderson, Zangari & BossianSupreme Court of Rhode Island · 2006
  5. School Committee v. Bergin-AndrewsSupreme Court of Rhode Island · 2009

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