Laura Payne v. Andrew Payne (2010)

ORDER

The matter came before this court post-judgment by way of the defendant husband's (“husband”) Motion for Modification.   The court heard this Short Calendar matter over two trial days spaced approximately a month apart.   Following the hearing, the court issued a Memorandum of Decision dated May 28, 2010.   The plaintiff wife (“wife”) seeks relief from said decision, alleging that the court exceeded its authority in deciding the entire matter, when it had, at the request of the parties, initially bifurcated the matter, limiting the first hearing solely to the question as to whether or not there had been a substantial change of circumstances.   Upon review of the file and its trial notes, the court is of the opinion that the wife is correct in her contention and enters the following order:

1. The plaintiff's Motion to Vacate Orders and to Mistry Proceedings, Post-Judgment dated June 17, 2010, is HEREBY GRANTED, and the findings and orders contained in the Memorandum of Decision dated May 28, 2010 are hereby vacated with the exception of Finding # 1, to wit:  that there has been a substantial change of circumstances;

2. The Motion to Correct and the Motion to Reargue are both HEREBY DENIED as moot;  and

3. All further proceedings regarding this matter shall be reassigned to a different judge.

THE COURT

SHAY, J.

Shay, Michael E., J.