Rudd v. Redfern
Rudd v. Redfern
Opinion of the Court
We affirm the trial court’s orders which properly resolve preliminary disputes in what promises to be an acrimonious and lengthy dissolution and custody battle. In affirming we do not overlook the appellant’s contentions relating to denial of due process. Assuming the appellant’s due process rights were violated, these were temporary intrusions which were corrected by a subsequently noticed hearing, or waived by the appellant’s acquiescence.
Affirmed.
Dissenting Opinion
(dissenting).
I respectfully dissent. The parties were cohabitating at the time they filed the Petition for Dissolution of Marriage. Their disputes were referred to the General Master for resolution of custody, visitation and possession of the marital home. The General Master conducted a hearing and submitted an interim report, intending to conduct further hearings. Instead of filing an exception to the report, the wife filed an emergency motion for exclusive use and possession of the marital home.
The trial court conducted a hearing and not only awarded the wife possession of the marital home, but completely changed the parties’ visitation schedule, a modification that had not been requested in the wife’s emergency motion. We are thus
The majority excuses what happened at the trial level as “temporary intrusions.” I have found no case that allows “temporary intrusions” into a person’s rights without notice.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.